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Contract 51662
STATE OF TEXAS § COUNTY OF TARRANT § This contract("Contract") is made and entered into by and between the City of Fort Worth (hereafter "City") and GUARDIANSHIP SERVICES, INC. (GSI) (hereafter "Agency"), a Texas non-profit corporation. City and Agency may be referred to individually as a "Party" and jointly as "the Parties". The Parties state as follows: WHEREAS, City receives grant monies from the United States Department of Housing and Urban Development through the Community Development Block Grant ("CDBG") Program, Program No. B-18-MC-48-0010, Catalog of Federal Domestic Assistance No. 14.218; WHEREAS, a national objective of the CDBG program is to benefit low and moderate income citizens in accordance with 24 CFR Part 570, as amended from time to time; WHEREAS, Agency submitted a proposal to use CDBG funds for a program to serve individuals and families, of whom 100% must meet the HUD definition of a presumed benefit population; WHEREAS, City citizens, the Community Development Council, and the City Council have determined that CDBG programs are needed by the City's citizens. NOW, THEREFORE,the Parties understand and agree as follows: 1. INCORPORATION OF RECITALS. City and Agency hereby agree that the recitals set forth above are true and correct and form the basis upon which the Parties have entered into this Contract. 2. DEFINITIONS. In addition to terms defined in the body of this Contract, the terms set forth below shall have the definitions ascribed to them as follows: Area Median Income or AMI means the median family income for the Fort Worth-Arlington metropolitan statistical area as established annually by HUD. The 2018 income limits are attached hereto as EXHIBIT "A-1" —2018 HUD Income Limits. Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity Ordinance, Ordinance No. 20020-12-2011. RECEI1e$BG means Community Development Block Grant. LL DEC 10 2018 F_FTW0RT1i, TX RECORD """"S l CITY E�r- &PRESUMED BENEFIT PSA CONTRACT 2018-2019 C1rY SECF GUARDIANSHIP SERVICES,INC.(GSI) Rev. 9.13.20 Complete Documentation means the following documentation as applicable: • Attachments I, II, and III, with supporting documentation including: o Proof of expense: copies oftimeshects,invoices, leases, service contracts or other documentation showing that payment is due by Agency. o Proof of payment: cancelled checks, bank statements, or wire transfers necessary to demonstrate that amounts due by Agency were actually paid by Agency. o Proof of client eligibility: Client eligibility for all clients as outlined in Section 6. • Complete Documentation shall meet the standards described in the attached EXHIBIT "F" - Standards for Complete Documentation. • Any other document or record reasonably necessary to verify costs spent and client eligibility for the Program. CDBG Funds means the CDBG grant funds supplied by City to Agency under the terms of this Contract. CDBG Regulations means regulations found at 24 CFR Part 570 et seq. DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26. Director means the Director of the Neighborhood Services Department. Effective Date means October 1, 2018. HUD means the United States Department of Housing and Urban Development. IDIS means Integrated Disbursement Information System, HUD's project tracking system. Income Eligible Client means a client whose annual income adjusted for family size does not exceed 80% of AMI using the most current HUD Income Guidelines and Technical Guidance for Determining Income and Allowances. The definition of annual income to determine client income eligibility shall be the definition contained in 24 CFR Part 5.609, as amended from time to time. National Objective means an activity that benefits low and moderate income persons. For the purposes of this Contract,at least 100% of the clients served by the Program fall into a"presumed benefit"category as defined in 24 CFR Part 570, and therefore are presumed to be Income Eligible Clients. Neighborhood Services Department means the City's Neighborhood Services Department. OMB means the Office of Management and Budget. Program means the services described in EXHIBIT "A"—Program Summary. CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 2 GUARDIANSHIP SERVICES,INC.(GSI) Rev. 9.13.20 18 Reimbursement Request means all reports and other documentation described in Section 9. Source Documentation means documentation of full household income of any type described under the definition of annual income in 24 CFR Part 5.609, including but not limited to copies of paychecks, Social Security and disability verification letters, interest or rental income statements, retirement income statements, child support and alimony verification, unemployment benefit letters, and the like. Unduplicated Clients means a count of all clients served by the Program at least once in the Contract Term. Clients served by the Program more than once in the Contract Term will only be counted the first time they are served when determining the total count of Unduplicated Clients. ZoomGrants—Outline database for Agency to submit monthly reimbursement requests. 3. TERM. The term of this Contract begins on the Effective Date and terminates on September 30, 2019 unless earlier terminated as provided in this Contract. 4. DUTIES AND RESPONSIBILITIES OF CITY. 4.1 Provide CDBG Funds. City shall provide up to $ 75,000 of CDBG Funds under the terms and conditions of this Contract. 4.2 Monitor. City will monitor the activities and performance of Agency and any of its contractors, subcontractors or vendors as necessary,but no less than annually. Monitoring by City will include determining whether Agency is meeting the National Objective during the term of this Contract. 5. DUTIES AND RESPONSIBILITIES OF AGENCY. 5.1 Required Services. Agency shall perform the services described in EXHIBIT "A"—Program Summary in accordance with the terms and conditions of this Contract. 5.2 Use of CDBG Funds. 5.2.1. Compliance with CDBG Regulations and Contract. Agency shall be reimbursed for eligible Program costs with CDBG Funds only if City determines in its sole discretion that: 5.2.1.1 Costs are eligible expenditures in accordance with CDBG Regulations. 5.2.1.2 Costs are in compliance with this Contract and are reasonable and consistent with industry norms. CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 3 GUARDIANSHIP SERVICES,INC.(GSI) Rev.9.13.2018 5.2.1.3 Complete Documentation, as applicable, is submitted to City by Agency. 5.2.2 Budget. 5.2.2.1 The CDBG Funds will be paid on a reimbursement basis in accordance with EXHIBIT "B" - Budget. 5.2.2.2 During the term of this Contract, Agency may submit written requests to increase or decrease line-item amounts in the Budget, including an explanation of why such increases or decreases are necessary. All requests shall be approved by Director or Director's designee in writing, with such approval being in the City's sole discretion. If Director approves the Agency's proposed Budget amendment (as approved, the "Amended Budget"),then the Amended Budget will take effect on the first day of the month following the month in which it was approved by City, unless otherwise specified in the amendment. All requests for Budget amendments must be submitted by July 31, 2019. 5.2.3 Change in Program Budget. 5.2.3.1 Agency will notify City promptly of any additional funds it receives for operation of the Program, and City reserves the right to amend this Contract in such instances to ensure compliance with HUD regulations governing cost allocation. 5.2.3.2 Agency agrees to utilize the CDBG Funds to supplement rather than supplant funds otherwise available for the Program. 5.2.4 Payment of CDBG Funds to Agency. CDBG Funds will be disbursed to Agency upon City's approval of Reimbursement Requests including submission of Complete Documentation to City in compliance with Section 9. If Agency expends all funds budgeted for the Program prior to September 30, 2019, City may hold back a small amount of the CDBG Funds until the end of the term. During this interim period, Agency must continue to submit Attachment III — Client Data Report in Exhibit "D" — Reimbursement Forms monthly. It is expressly agreed by the Parties that any CDBG Funds not spent or approved for reimbursement to Agency shall remain with City. 5.3 Program Performance Milestones. 5.3.1 Agency represents that the Program will achieve the following milestones in accordance with EXHIBIT "A" --Program Summary and the table below: CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 4 GUARDIANSHIP SERVICES,INC.(GST) Rev. 9.13.2018 Un€Eup11c:a(cd Clienls-as specified in EX111BIT A"—Program Month Rx ieiditures Summary 3 25% 25% 6 50% 50% 9 75% 75% 12 100% 100% 5.3.2 Failure of Agency to meet these milestones or a material deviation from them as outlined in this Section 5.3 is a breach of this Contract. For the purpose of this Section, "material deviation" shall mean more than 10% lower than the specified goal. In the event of such breach, City reserves the right in its sole option to (i) delay or withhold payment of Reimbursement Requests, (ii) lower Agency's allocation of CDBG Funds, or(iii) terminate this Contract. 5.3.3 Failure to meet at least 80% of its performance milestones or serve 192 Unduplicated Clients under this Contract may, in City's sole discretion disqualify Agency for consideration under the City's Request for Proposals for the 2019-2020 Program Year for federal grant funds. 5.3.4 Amendments to performance milestones regarding CDBG Funds must be approved by the Director in writing, with such approval being in the Director's sole discretion. If Director approves the Agency's proposed amended performance milestones (as approved, the "Amended Performance Milestones"), then the Amended Performance Milestones will take effect on the first day of the month following the month in which it was approved by Director, unless otherwise specified in the amendment. All requests for amendments to performance milestones must be submitted by .lune 1, 2019. Notwithstanding the above, any amendments to this Contract shall not reduce the number of Unduplicated Clients stated in Section 5.3.3 and in EXHIBIT "A" - Program Summary. 5.4 Identify Program Expenses Paid with CDBG Funds. Agency will keep accounts and records in such a manner that City may readily identify and account for Program expenses reimbursed with CDBG Funds. These records shall be made available to City for audit purposes and shall be retained as required hereunder. 5.5 Meet National Objective. Agency shall ensure that the activities carried out in the Program will meet the National Objective. 5.6 Program Subcontracts. Agency shall not enter into a subcontract with another agency, contractor, or vendor to provide a service to clients for any part of the Program that will be paid with CDBG Funds without City's written consent. CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 5 GUARDIANSHIP SERVICES,INC.(GSI) Rev. 9.13.2018 6. CLIENT ELIGIBILITY VERIFICATION. 6.1 CIient Eligibility. Agency will document client eligibility as follows: 6.1.1 Agency Clients. Agency must document that all clients served by the Program fall under a "presumed benefit" category as defined in 24 CFR Part 570. For purposes of this Contract, the categories of presumed benefit are: severely disabled adults, homeless persons, abused or neglected children and youth, or elderly persons. Eligible forms of documentation for each category include: 6.1.1.1 Severely Disabled Adults. Written, signed and dated diagnosis from a licensed medical professional. As an acceptable alternative, Agency may use the form attached hereto as Exhibit "H"—Severely Disabled Certification Form. 6.1.1.2 Homeless Persons. Written, signed and dated certification from an outreach worker. 6.1.1.3 Abused or Neglected Children and Youth. Written, signed and dated certification from an outreach worker. 6.1.1.4 Elderly Persons. An elderly person is an individual at least 62 years of age. Copy of a birth certificate, driver's license, passport, immigration card, military identification, or any other state, local, national or international documentation, must be provided showing current information about the age or birth date of the client. The form in Exhibit "E" — Form of Income Self Certification, or a similar document, will also be required in order to collect demographic data. 6.2 Submission of Complete Documentation. Agency must submit copies of documentation of client eligibility described in Section 6.1 with Attachment III with each month's Reimbursement Request for all Unduplicated Clients. 6.3 Maintain Documentation. Agency must maintain copies of all documentation required by this Section for S years following the expiration of the Contract term. This Section shall survive the earlier termination or expiration of this Contract. 7. ADDITIONAL CDBG REQUIREMENTS. Agency agrees to comply with all requirements of the CDBG Program as stated in the CDBG Regulations, including but not limited to the following: CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 6 GUARDIANSHIP SERVICES, INC.(GSI) Rev. 9.13.2018 T1 Environmental Review. CDBG Funds will not be paid, and costs cannot be incurred until City has conducted an environmental review and completed an Environmental Review Record as required by 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify, or cancel the funding for the Program. Further, Agency will not undertake or commit any funds to physical or choice limiting actions as described in any applicable federal regulations. Any violation of this provision will (i) cause this Contract to terminate immediately, and (ii) require Agency to repay City the CDBG Funds it has already received and forfeit any future payments of CDBG Funds. 7.2 Contract Not Constituting Commitment of Funds. Notwithstanding any provision of this Contract, the Parties agree and acknowledge that this Contract does not constitute a commitment of funds, and that such commitment of funds or approval may occur only upon (i) satisfactory completion of an environmental review and receipt by City of an authorization to use grant fiends from HUD under 24 CFR Part 58, (ii) approval of City's 2018-2019 Action Plan, and (iii) receipt by City of a grant agreement from HUD. 7.3 Monitoring. 73.1 Agency understands and agrees that it will be subject to monitoring by City for compliance with terms and provisions of this Contract and the CDBG Regulations for the term of this Contract. Agency is subject to such monitoring during the term of this Contract and for 5 years after the Contract term ends. Agency will provide reports and access to Program files as requested by City during this 5 year period. For purposes of this Contract, this 5 year period for monitoring is deemed to begin on October 1,2019 and end on September 30,2024 regardless of whether or not this Contract is earlier terminated. 7.3.2 Representatives of City, HUD, HUD Office of Inspector General, and the United States Comptroller General shall have access during regular business hours, upon 48 hours prior notice,to Agency's offices and records pertaining to the use of the CDBG Funds, and to Agency's officers, directors, agents, employees, contractors, subcontractors and vendors for the purpose of such monitoring. 7.3.3 In addition to other provisions of this Contract regarding frequency of monitoring, City reserves the right to perform desk reviews or on-site monitoring of Agency's compliance with the terms and conditions of this Contract. City shall provide Agency with a written report of the monitor's findings after each monitoring visit. If the monitoring report notes deficiencies in Agency's performance, the report shall include requirements for the timely correction of said deficiencies by Agency. Failure by Agency to take the action specified in the monitoring report may be cause for suspension or termination of this Contract as provided herein. 7.3.4 Subsections 7.3.1 through 7.3.3 shall be applicable for the Contract term and for 5 years thereafter and shall survive the earlier termination or expiration of this Contract. CDBG PRESUMED BENEFIT PSA CONTRACT 2018.2019 Page 7 GUARDIANSHIP SERVICES,INC.(GSI) Rev. 9.13.2018 7.3.5 Agency shall provide City annually the results of any state or federal monitoring. Such results shall be submitted within 60 days of receipt of such state or federal monitoring report, or with the January Reimbursement Request, whichever is earlier. 7.4 Auncy Procurement Standards. Agency shall comply with all applicable federal, state and local laws, regulations, and ordinances for making procurements under this Contract. In addition to the conflict of interest provisions in Section 14.13.3, Agency shall establish written procurement procedures to ensure that materials and services are obtained in a cost effective manner and that provides for full and open competition. When procuring materials and services for this Contract, Agency shall comply at a minimum with the procurement standards in 2 CFR Part 200.317 through Part 200.326. 7.4.1 Contracts in excess of $10,000.00 made by Agency using CDBG Funds must address termination for cause and convenience including the manner by which such termination shall be effected and the basis for settlement of the terminated contract, if any, as required by Appendix It (B), 2 CFR Part 200. 7.4.2 Agency shall not make any contract with parties listed on the government wide System for Award Management, www.sam.gov ("SAM"). Agency must confirm by search of SAM that all contractors paid with CDBG Funds are not listed by SAM as being debarred, both prior to hiring and prior to submitting a Reimbursement Request which includes invoices from any such contractor. Failure to submit such proofs of search shall be an event of default. 7.5 Cost Principles/Cost Reasonableness. Agency shall administer its use of CDBG Funds in compliance with 2 CFR Part 200, as applicable. The eligibility of costs incurred for performance rendered shall be determined in accordance with 2 CFR Part 200.400 through Part 200.475. 7.6 Financial Management Standards. Agency agrees to comply with 2 CFR Part 200,as applicable. Agency also agrees to adhere to the accounting principles and procedures required therein,utilize adequate internal controls,and maintain necessary supporting and back-up documentation for all costs incurred in accordance with 2 CFR Part 200.302 and Part 200.303. 7.7 Uniform Administrative Requirements, Cost Principles, and Audit Requirements. Agency will comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200, as applicable, or any reasonably equivalent procedures and requirements that City may require. 7.8 Terms Applicable to Contractors, Subcontractors and Vendors. Agency understands and agrees that all terms of this Contract, whether regulatory or otherwise, shall apply to any and all contractors, subcontractors and vendors of Agency which are in any way paid with CDBG Funds or who perform any work in connection with the Program. Agency shall cause all applicable provisions of this Contract to be included in and made a part of any contract or subcontract executed in the performance of its obligations hereunder including its CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 8 GUARDIANSHIP SERVICES, INC.(GSI) Rev. 9.13.2018 obligations regarding the CDBG Regulations. Agency shall monitor the services and work performed by its contractors, subcontractors and vendors on a regular basis for compliance with the CDBG Regulations and Contract provisions. Agency must cure all violations of the CDBG Regulations committed by its contractors, subcontractors or vendors. City maintains the right to insist on Agency's full compliance with the terms of this Contract and the CDBG Regulations and Agency is responsible for such compliance regardless of whether actions taken to fulfill the requirements of this Contract are taken by Agency or by Agency's contractors, subcontractors or vendors. Agency acknowledges that the provisions of this Section shall survive the earlier termination or expiration of this Contract and shall be applicable for 5 years after the Contract term ends. 7.9 Copyright and Patent Rights. No reports,maps,or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of Agency. HUD and City shall possess all rights to invention or discovery, as well as rights in data, which may arise as a result of Agency's performance under this Contract. 7.10 Conflict of Interest Disclosure. In accordance with the requirements of Section 14.13.2.1 and 14.13.4, Agency shall establish conflict of interest policies for federal awards. Agency shall disclose to City in writing any potential conflict of interest. 7.11 Compliance with FFATA and Whistleblower Protections. Agency shall comply with the requirements of 2 CFR 300(b), including provisions of the Federal Funding Accountability and Transparency Act ("FFATA") governing requirements on executive compensation and provisions governing whistleblower protections contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 23243 41 U.S.C. 4304 and 41 U.S.C. 4310. 7.11.1 Agency shall provide City with its DUNS number. 7.12 Internal Controls. In compliance with the requirements of 2 CFR Part 200.303, Agency shall: 7.12.1 Establish and maintain effective internal control over the CDBG Funds that provides reasonable assurance that Agency is managing the CDBG Funds in compliance with federal statutes, regulations, and the terms and conditions of this Contract. These internal controls shall be in compliance with guidance in "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States or the "Internal Control Integrated Framework" issued by the Committee of Sponsoring Organizations of the Treadway Commission("COSO"); 7.12.2 Comply with federal statutes, regulations, and the terms and conditions of this Contract; 7.12.3 Evaluate and monitor Agency's compliance with statutes,regulations and the terms and conditions of this Contract; CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 9 GUARDIANSHIP SERVICES,INC.(GSI) Rev. 9.13.2018 7.12.4 Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; and 7.12.5 Take reasonable measures to safeguard protected personally identifiable information and other information that HUD or City designates as sensitive or Agency considers sensitive consistent with applicable federal, state, local and tribal laws regarding privacy and obligations of confidentiality. 8. RECORD KEEPING• REPORTING AND DOCUMENTATION RE UIREMENTS• AUDIT. 8.1 Record Keeping. Agency shall maintain a record-keeping system as part of its performance of this Contract and shall promptly provide City with copies of any document City deems necessary for the effective fulfillment of City's monitoring and evaluation responsibilities. Specifically, Agency will keep or cause to be kept an accurate record of all actions taken and all funds ,spent, with supporting and back-up documentation. Agency will maintain all records and documentation related to this Contract for 5 years after the Contract term ends. If any claim, litigation, or audit is initiated before the expiration of the 5 year period, the relevant records and documentation must be retained until all such claims, litigation or audits have been resolved. For purposes of this Contract, this 5 year period for record retention is deemed to begin on October 1, 2019 and end on September 30,2024 regardless of whether or not this Contract is earlier terminated. 8.2 Access to Records. Representatives of City, HUD and any duly authorized officials of the federal government will have full access to, and the right to examine, audit, copy, excerpt and/or transcribe any of Agency's records pertaining to all matters covered by this Contract for 5 years after the Contract term ends. Such access shall be during regular business hours and upon at least 48 hours prior notice. For purposes of this Contract, this 5 year period for access to records is deemed to begin on October 1, 2019 and end on September 30, 2024 regardless of whether or not this Contract is earlier terminated. 8.3 Reports. Agency will submit to City all reports and documentation described in this Contract in such form as City may prescribe. Agency may also be required to submit a final performance and/or final financial report if required by City at the termination of this Contract in such form and within such times as City may prescribe. Failure to submit to City any report or documentation described in this Contract shall be an event of default of this Contract and City may exercise all of its remedies for default under this Contract. 8.3.1 Additional Information. Agency shall provide City with additional information as may be required by state or federal agencies to substantiate Program activities and/or expenditure eligibility. CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 10 GUARDIANSHIP SERVICES,INC.(GST) Rev. 9.I3.2018 8.4 Chan a in Reporting Requirements and Forms. City retains the right to change reporting requirements and forms at its discretion. City will notify Agency in writing at least 15 days prior to the effective date of such change, and the Parties shall execute an amendment to the Contract reflecting such change if necessary. 8.5 Audit. 8.5.1 Entities that Expend $750,000 or more in Federal Funds Per Year. All non-federal entities that expend $750,000 or more in federal funds within 1 year, regardless of the source of the federal award, must submit to City an annual audit prepared in accordance with ,specific reference to 2 CFR Part 200.501 through Part 200.521. The audit shall cover the Agency's fiscal years during which this Contract is in force. The audit must be prepared by an independent certified public accountant,be completed within 6 months following the end of the period being audited and be submitted to City within 30 days of its completion. Agency's audit certification is attached hereto as EXHIBIT "C" — "Audit Certification Form" and "Audit Requirements". The Audit Certification Form must be submitted to City prior to or with the first Reimbursement Request. Entities that expend less than $750,000 a year in federal funds are exempt from federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the federal agency, City, and General Accounting Office. 8.5.2 City Reserves the Right to Audit. City reserves the right to perform an audit of Agency's Program operations and finances at any time during the term of this Contract and for 5 years after the Contract term ends if City determines that such audit is necessary for City's compliance with the CDBG Regulations or other City policies. Agency agrees to allow access to all pertinent materials as described herein for such audit. For purposes of this Contract, this 5 year period for City audit is deemed to begin on October 1, 2019 and end on September 30, 2024 regardless of whether or not this Contract is earlier terminated. If such audit reveals a questioned practice or expenditure, such questions must be resolved within 15 business days after notice to Agency of such questioned practice or expenditure. If questions are not resolved within this period, City reserves the right to withhold further funding under this Contract and/or any other contracts with Agency. IF AS A RESULT OF ANY AUDIT IT IS DETERMINED THAT AGENCY HAS FALSIFIED ANY DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED CDBG FUNDS OR SPENT CDBG FUNDS ON ANY INELIGIBLE ACTIVITIES, AGENCY AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH MONIES PLUS THE AMOUNT OF ANY SANCTIONS,PENALTY OR OTHER CHARGE LEVIED AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS. 9. REIMBURSEMENT REQUIREMENTS. 9.1 Deadline for Submittine Reimbursement Requests. 9.1.1 Reimbursement Requests shall be submitted monthly to the City and must be received by the City on or before the 15th day of the month following the month expenses were paid by Agency. For example, the Reimbursement Request for rune expenses must be received by July 15. In the event the 1511 falls on a weekend or City holiday, Reimbursement Requests shall be due the next day that the City is open for business. Failure to submit a Reimbursement CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 11 GUARDIANSHIP SERVICES,INC.(GSI) Rev. 9,13.20 18 Request in a timely fashion will result in City taking the actions outlined in Section 10.1. NOTWITHSTANDING ANYTHING ABOVE, THE REIMBUSEMENT REQUEST FOR EXPENSES INCURRED FOR SEPTEMBER 2019 MUST BE RECEIVED BY OCTOBER 1, 2019. COMPLETE DOCUMENTATION FOR ALL SEPTEMBER 2018 EXPENSES MUST BE SUBMITTED BY OCTOBER 15, 2019. FAILURE TO SUBMIT A FINAL REIMBURSEMENT REQUEST WITH COMPLETE DOCUMENTATION BY OCTOBER 15, 2019 WILL RESULT IN FORFEITURE OF PAYMENT OF THE SEPTEMBER REIMBURSEMENT REQUEST. 9.1.2 City will notify Agency by e-mail within 14 calendar days if a Reimbursement Request is lacking Complete Documentation or corrections are needed. Agency will have 7 calendar days from the date of the e-mail notice to submit any requested information or missing documentation. Agency may be penalized, at City's sole discretion in the Request for Proposal for the 2019-2020 Program Year for any notifications received under this Section. If Agency fails to submit all the required information or missing documentation within 7 calendar days from the first e-mail, Agency shall forfeit any payments otherwise due that month and failure to submit any requested information will be considered an event of default as outlined in Section 10.1.2. 9.2 Submission of Reimbursement Requests. Agency shall provide City with Complete Documentation and the following reports as shown in EXHIBIT "D"-Reimbursement Forms with each Reimbursement Request: 9.2.1 Attachment I-Invoice. This report shall contain the amount requested for reimbursement each month, the cumulative reimbursement requested to date (inclusive of that month's request). 9.2.2 Attachment II•-Expenditure Worksheet. This report shall itemize each expense requested for reimbursement by Agency and shall include the Account corresponding the expense to a Budget line item. In order for this report to be complete the following must be submitted: 9.2.2.1 For payroll expenses,timesheets signed by employees and approved by supervisor for all payroll expenses listed. Timesheets must distinguish between CDBG-funded time and non-CDBG funded time and reflect actual time spent on CDBG-funded activities. Agency may not submit payroll expenses dated 60 calendar days prior to the date of the Reimbursement Request. 9.2.2.2 For non-payroll expenses, invoices for each expense listed with an explanation as to how the invoiced expense pertains to the Program. Agency may not submit invoices dated 60 calendar days prior to the date of the Reimbursement Request. 9.2.2.3 Proof that each expense was paid by Agency, which proof can be satisfied by cancelled checks,wire transfer documentation,paid receipts or other appropriate banking documentation. CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 12 GUARDIANSHIP SERVICES, INC.(GSI) Rev. 9.13.2018 9.2.3 Attachment III--Client Data Report. This report shall list each Unduplicated Client served during the month along with his or her demographic information. The Client Data Report must maintain a list of all clients served during the Contract term. In order for this report to be complete,the following must be submitted: 9.2.3.1 Documentation of"presumed benefit" eligibility for each Unduplicated Client the first time the client is served by the Program, as defined in Section 6. 9.2.4 _Delivery of Reimbursement Request. Reimbursement Requests must be submitted through ZoomGrants by the deadline in Section 9.1.1. 9.3 Withholding Payment. CITY SHALL HAVE NO OBLIGATION TO PAY ANY REIMBURSEMENT REQUEST THAT IS NOT RECEIVED BY THE DUE DATE. Failure to timely submit Reimbursement Requests and Complete Documentation along with any required reports shall be an event of default. 10. DEFAULT AND TERMINATION. 10.1 Failure to Submit Reimbursement Request or Required Documentation, 10.1.1 If Agency fails to submit a Reimbursement Request in accordance with Section 9, Agency shall be in default of this Contract. City will notify Agency in writing of such default and the Agency will have 5 calendar days from the date of the written notice to submit such Reimbursement Request to cure the default. If Agency fails to cure the default within such time, Agency shall forfeit any payments otherwise due that month. 10.1.2 If Agency fails to submit requested information or missing documentation as set forth in Section 9.1.2, then Agency shall forfeit payment due that month and the failure to submit shall be considered an event of default that shall not be cured. 10.1.3 NOTWITHSTANDING THE PROVISIONS OF SECTION 10.1.1 OR 10.1.2, IF AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST DUE OCTOBER 15, 2019, OR IF THE SUBMITTED REIMBURSEMENT REQUEST FOR OCTOBER 15,2019 IS LATE,INCOMPLETE OR OTHERWISE NOT IN COMPLIANCE WITH THIS CONTRACT OR THE CDBG REGULATIONS AS DETERMINED BY CITY IN ITS SOLE DISCRETION, THERE WILL BE NO CURE PERIOD AND ANY REIMBURSEMENT WILL BE FORFEITED. 10.1.4 In the event of(i)an uncured default under Section 10.1.1 or an event of default under 10.1.2 or (ii) more than 2 instances of default, cured or uncured, under these Sections, City CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 13 GUARDIANSHIP SERVICES,INC.(GST) Rev. 9.13.2018 reserves the right at its sole option to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. 10.1.5 Notwithstanding anything to the contrary herein, City will not be required to pay any CDBG Funds to Agency during the period that any Reimbursement Request, report or documentation is past due or is not in compliance with this Contract or the CDBG Regulations, or during any period during which Agency is in default of this Contract. 10.1.6 In the event of termination under this Section 10.1, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds. 10.2 Failure to Maintain Records or Submit Reports and Documentation. If Agency fails to maintain all records and documentation as required in Section 8,or if the maintained or submitted report or documentation is not in compliance with this Contract or the CDBG Regulations as determined by City in its sole discretion, City will notify Agency in writing and Agency will have 30 calendar days from the date of the written request to obtain or recreate the missing records and documentation or submit or resubmit any such report or documentation to City. If Agency fails to maintain the required reports or documentation, or fails to submit or resubmit any such report or documentation within such time, City shall have the right to terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. 10.2.1 In the event of termination under this Section 10.2, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds, and any CDBG Funds paid to Agency must be repaid to City within 30 days of termination. If such CDBG Funds are not repaid to City within the 30 day period, City shall exercise all legal remedies available under this Contract. 10.3 In General. 10.3.1 Subject to Section 10.2, and unless specifically provided otherwise in this Contract, Agency shall be in default under this Contract if Agency breaches any term or condition of this Contract. In the event that such a breach remains uncured after 30 calendar days following written notice by City (or such other notice period as may be specified herein) or, if Agency has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than 30 calendar days to cure, as determined by both Parties mutually and in good faith, City shall have the right to elect in City's sole discretion to (i) extend Agency's time to cure, (ii) terminate this Contract effective immediately upon written notice of such intent to Agency, or (iii)pursue any other legal remedies available to City under this Contract. 10.3.2 City's remedies may include: 10.3.2.1 Direct Agency to prepare and follow a schedule of actions for carrying out the affected activities, consisting of schedules, timetables and milestones necessary to implement the affected activities. CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 14 GUARDIANSHIP SERVICES,INC.(GSI) Rev. 9.13.2018 10.3.2.2 Direct Agency to establish and follow a management plan that assigns responsibilities for carrying out the remedial activities. 10.3.2.3 Reprogram CDBG Funds that have not yet been expended from affected activities to other eligible activities or withhold CDBG Funds. 10.3.2.4 Any other appropriate action including but not limited to any remedial action Iegally available such as declaratory judgment, specific performance, damages, temporary or permanent injunctions, termination of this Contract or any other contracts with Agency, and any other available remedies. 10.3.3 In the event of termination under this Section 1.0.3, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited and Agency shall have no further right to such funds, and any CDBG Funds already paid to Agency must be repaid to City within 30 days of the termination. Failure to repay such CDBG Funds within the 30 day period will result in City exercising all legal remedies available under this Contract. 10.4 No Funds Disbursed while in Breach. Agency understands and agrees that no CDBG Funds will be paid to Agency until all defaults are cured to City's satisfaction. 10.5 No Compensation After Date of Termination. Agency shall not receive any compensation for work undertaken after the date of the termination. 10.6 Rights of Ci Not Affected. Termination shall not affect or terminate any of the existing rights of City against Agency, or which may thereafter accrue because of Agency's default and this provision shall be in addition to any and all other rights and remedies available to City under the law. Such termination does not terminate any provisions of this Contract that have been expressly noted as surviving the term or termination of the Contract. No delay or omission by City in exercising any right or remedy available to it under this Contract shall impair any such right or remedy or constitute a waiver or acquiescence in any Agency default. 10.7 Waiver of Breach Not Waiver of Subsequent Breach. The waiver of a default or breach of any term, covenant, or condition of this Contract shall not operate as a waiver of any subsequent default or breach of the same or any other term,covenant or condition hereof. 10.8 Civil Criminal and Administrative Penalties. Failure to perform all the Contract terms may result in civil, criminal or administrative penalties, including, but not limited to those set out in this Contract. CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 15 GUARDIANSHIP SERVICES, INC.(GSI) Rev. 9.13.2018 10.9 Termination for Cause. 10.9.1 City may terminate this Contract in the event of Agency's default, inability, or failure to perform subject to notice, grace and cure periods. In the event City terminates this Contract for cause, all CDBG Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately rescinded and Agency shall have no further right to such funds and any CDBG Funds already paid to Agency must be repaid to City within 30 days of termination. Failure to repay such CDBG Funds within 30 days will result in City exercising all legal remedies available to City under this Contract. AGENCY ACKNOWLEDGES AND AGREES THAT IF CITY TERMINATES THIS CONTRACT FOR CAUSE, AGENCY OR ANY AFFILIATES OF AGENCY SHALL NOT BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR CDBG FUNDS FOR A MINIMUM OF 5 YEARS FROM THE DATE OF TERMINATION. 10.9.2 Agency may terminate this Contract if City does not provide the CDBG Funds substantially in accordance with this Contract. 10.10 Termination for Convenience. In terminating in accordance with 2 CFR Part 200, Appendix II, this Contract may be terminated in whole or in part only as follows: 10.10.1 By City with the consent of Agency in which case the Parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated; or 10.10.2 By Agency upon at least 30 days written notification to City, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. In the case of a partial termination, City may terminate the Contract in its entirety if City determines in its sole discretion that the remaining portion of the Contract to be performed or CDBG Funds to be spent will not accomplish the purposes for which the Contract was made. 10.11 Dissolution of Agency Terminates Contract. This Contract shall terminate in the event Agency is dissolved or ceases to exist. In the event of termination under this Section, all CDBG Funds are subject to repayment and/or City may exercise all of its remedies under this Contract. 10.12 Reversion of Assets. In the event this Contract is terminated with or without cause,all assets acquired by Agency with the CDBG Funds including cash, interest payments from loans or otherwise, all outstanding notes, mortgages or other security instruments, any accounts receivable attributable to the use of the CDBG Funds, and any real or personal property owned by Agency that was improved with the CDBG Funds shall automatically transfer to City or to such assignee as City may designate. 11. REPAYMENT OF CDBG FUNDS. All CDBG Funds are subject to repayment in the event the Program does not meet the requirements of this Contract or in the CDBG Regulations. If Agency takes any action that CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 16 GUARDIANSHIP SERVICES, INC.(GSI) Rev. 9.13.2018 results in the City being required to repay all or any portion of the CDBG Funds to HUD, Agency agrees it will reimburse City for such repayment. If Agency takes any action that results in City receiving a finding from HUD about the Program,whether or not repayment of all or any portion of the CDBG Funds is required of City,Agency agrees City may require that 10% of the CDBG Funds be repaid to City as liquidated damages. The Parties agree that City's damages in the event of either repayment to HUD being required or receiving a finding from HUD are uncertain and would be difficult to ascertain and may include an impact on City's CDBG grant or other federal grant funds, in addition to the finding by HUD or a required repayment of funds to HUD by City. Therefore, the Parties agree that payment under this Section of 10% of the CDBG Funds by Agency to City is liquidated damages and not a penalty. 12. CHANGE IN NON-PROFIT STATUS. Agency must provide City with written notification of any changes to its non-profit status within 15 calendar days of being notified of the change. Regardless of notice by Agency, if the non-profit status of Agency changes after the date of this Contract, City may but is not obligated to, terminate this Contract. In the event of termination under this Section 12, all CDBG Funds awarded but not yet paid to Agency pursuant to this Contract shall be immediately rescinded and Agency shall have no further right to such funds. City in its sole discretion, may require that any CDBG Funds already paid to Agency must be repaid to City within 30 calendar days of termination under this Section. 13. SURVIVAL. Any provision of this Contract that pertains to auditing, monitoring, client income eligibility, record keeping and reports, City ordinances, or applicable CDBG requirements, and any default and enforcement provisions necessary to enforce such provisions, shall survive the termination of this Contract for 5 years after the Contract term ends and shall be enforceable by City against Agency. For purposes of this Contract, this 5 year period for survival of certain Contract provisions is deemed to begin on October 1, 2019 and end on September 30, 2024 regardless of whether or not this Contract is earlier terminated. 14. GENERAL PROVISIONS. 14.1 Agency an Independent Contractor. Agency shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Agency shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, contractors, subcontractors, vendors, clients, licensees or invitees. 14.2 Doctrine of Respondeat Superior. The doctrine of respondeat superior shall not apply as between City and Agency, or its officers, members, agents, servants, employees, contractors, subcontractors, vendors, clients, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Agency. City does not have the legal right to control the details of CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 17 GUARDIANSHIP SERVICES, INC.(GSI) Rev. 9.13.2018 the tasks perfofined hereunder by Agency, its officers, members, agents, employees, contractors, subcontractors, vendors, clients, licensees or invitees. 14.3 Agency Property. City shall under no circumstances be responsible for any property belonging to Agency, or its officers, members, agents, employees, contractors, subcontractors, vendors, clients, licensees or invitees that may be lost, stolen or destroyed or in any way damaged and AGENCY HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS PERTAINING TO OR CONNECTED WITH SUCH PROPERTY. 14.5 Religious Organization. Agency shall comply with all applicable requirements as more particularly described in 24 CFR Part 5.109. No portion of the CDBG Funds shall be used in support of any sectarian or religious activity. In addition, there must be no religious or membership criteria for clients of a CDBG-funded,service. 14.5.1. Separation of Explicitly Reli ious Activities. Agency retains its independence and may continue to carry out its mission, including the definition, development practice, and expression of its religious beliefs, provided that it does not use CDBG Funds to support or engage in any explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), or in any other manner prohibited by law. 14.5.2 Explicitly Religious Activities. If Agency engages in explicitly religious activities (including activities that involve overt religious content such as worship,religious instruction, or proselytization),the explicitly religious activities must be offered separately, in time or location, from the programs or activities supported by CDBG Funds and participation must be voluntary for clients of a CDBG-funded service. 14.5.3 Re uired Notices. If Agency constitutes a Faith-based organization under 24 CFR Part 5.109, Agency must provide all clients of a CDBG-funded service with the notice attached as EXHIBIT "K"—Notice of Beneficiary Rights. Such notice shall be provided to the client prior to enrollment in any CDBG-funded program or activity. In addition,if a client or prospective client of a CDBG-funded service objects to the religious character of Agency, then Agency must promptly undertake reasonable efforts to identify and refer the client or prospective client to an alternate provider to which the client or prospective client has no such objection, as more particularly described in 24 CFR Part 5.109. 14.6 Venue. Venue shall lie in Tarrant County, Texas for any action, whether real or asserted, at law or in equity, arising out of the execution, performance, attempted performance or non-performance of this Contract. CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 18 GUARDIANSHIP SERVICES,INC.(GSI) Rev. 9.13.2018 14.7 Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises out of the execution, performance or non-performance of this Contract or on the basis of any provision herein, for any issue not governed by federal law, the choice of law shall be the laws of the State of Texas. 14.8 Severability. The provisions of this Contract are severable, and if for any reason a clause, sentence, paragraph or other part of this Contract shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 14.9 Written Agreement Entire Contract. This written instrument and the Exhibits, Attachments, and Addendums attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitute the entire agreement by the Parties concerning the work and services to be performed under this Contract. Any prior or contemporaneous oral or written agreement which purports to vary the terms of this Contract shall be void. Any amendments to the terms of this Contract must be in writing and executed by the Parties. 14.10 Paragraph Headings for Reference Only, No Legal Significance, Number and Gender. The paragraph headings contained herein are for convenience in reference to this Contract and are not intended to define or to limit the scope of any provision of this Contract. When context requires, singular nouns and pronouns include the plural and the masculine gender shall be deemed to include the feminine or neuter and the neuter gender to include the masculine and feminine. The words "include" and"including"whenever used herein shall be deemed to be followed by the words "without limitation". 14.11 Compliance With All Applicable Laws and Regulations. Agency agrees to comply fully with all applicable laws and regulations that are currently in effect or that are hereafter amended during the performance of this Contract. Those laws include, but are not limited to: ➢ CDBG Regulations found in 24 CFR Part 570 ➢ Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301) ➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including provisions requiring recipients of federal assistance to ensure meaningful access by persons of limited English proficiency ➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.) ➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented by Department of Labor regulations 41 CFR Part 60 ➢ The Age Discrimination in Employment Act of 1967 ➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.) CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 19 GUARDIANSHIP SERVICES,INC.(GSI) Rev. 9.13.2018 ➢ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA") ➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24 CFR Part 8 where applicable ➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. Sections 4321 et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58. ➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and the related Executive Order 11738. 1n no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. ➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.) specifically including the provisions requiring employer verifications of legal status of its employees ➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. Sections 4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A ➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons ➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part 23, Subpart F ➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on participation by ineligible, debarred or suspended persons or entities ➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act ➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247 ➢ For contracts and subgrants for construction or repair, Copeland "Anti-Kickback" act (18 U.S.C. 874) as supplemented in 29 CFR Part 5 ➢ For construction contracts awarded by Agency in excess of$2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 327A 300) as supplemented by 29 CFR Part 5 ➢ Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R ➢ Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200 et seq. ➢ Federal Funding Accountability and Transparency Act of 2006 ("FFATA") (Pub.L. 109-282, as amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L. 113-101) ➢ Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310. Sit CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 20 GUARDIANSHIP SERVICES,INC.(GST) Rev.9.13.2018 14.13 Prohibition Against Discrimination. 14.13.1 General Statement. Agency shall comply in the execution, performance or attempted performance of this Contract,with all non-discrimination requirements of 24 CFR Part 570.607 and Chapter 17,Article III, Division 4---Fair Dousing of the City Code. Agency may not discriminate against any person because of race, color, sex, gender,religion,national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor will Agency permit its officers, members, agents, employees, or clients to engage in such discrimination. This Contract is made and entered into with reference specifically to Chapter 17, Article III, Division 3 -Employment Practices of the City Code, and Agency hereby covenants and agrees that Agency, its officers, members, agents, employees and contractors, have fully complied with all provisions of same and that no employee, or applicant for employment has been discriminated against under the terms of such ordinances by either or its officers, members, agents, employees or contractors. 14.13.2 No Discrimination in Emuloyment during the Performance of This Contract. During the performance of this Contract Agency agrees to the following provision, and will require that its contractors and subcontractors also comply with such provision by including it in all contracts with its contractors: [Contractor's, Subcontractor's or Vendor's name] will not unlawfully discriminate against any employee or applicants for employment because of race, color, sex, gender, religion,national origin,familial status,disability or perceived disability, sexual orientation,gender identity, gender expression or transgender. [Contractor's, Subcontractor's or Vendor's name]will take affirmative action to ensure that applicants are hired without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity,gender expression or transgender and that employees are treated fairly during employment without regard to their race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation,gender identity,gender expression or transgender. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. [Contractor's, Subcontractor's or Vendor's name] agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. [Contractor's, Subcontractor's or Vendor's name] will, in all solicitations or advertisements for employees placed by or on behalf of Contractor's Subcontractor's or Vendor's name], state that all qualified applicants will receive consideration for employment without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 21 GUARDIANSHIP SERVICES,INC.(GSI) Rev.9.13.2018 [Contractor's Subcontractor's or Vendor's name] covenants that neither it nor any of its officers, members, agents, employees, or contractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age or because of any disability or perceived disability, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor's Subcontractor's or Vendor's name] further covenants that neither it nor its officers, members, agents, employees, contractors, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 14.13.3 Agency's Contractors and the ADA. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Agency warrants that it and any of its contractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with, or employees of, Agency or any of its contractors. AGENCY WARRANTS IT WILL FULLY COMPLY WITH THE ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES, CONTRACTORS SUBCONTRACTORS, VENDORS OR AGENTS AGAINST CITY ARISING OUT OF AGENCY'S AND/OR ITS CONTRACTORS', SUBCONTRACTORS', VENDORS' OR AGENTS' OR THEIR RESPECTIVE EMPLOYEES' ALLEGED FAILURE TO COMPLY WITH THE ABOVE-REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT. 14.14. Conflicts of Interest and Violations of Criminal Law 14.14.1 A enc Safeguards. Agency shall establish safeguards to prohibit its employees, board members, advisors and agents from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. Agency shall disclose to City any such conflict of interest or potential conflict of interest, immediately upon discovery of such. 14.14.2 General Prohibitions Against Conflicts of Interest. No employees, agents, consultants, officers or elected officials or appointed officials of City or of Agency who exercise or have exercised any functions or responsibilities with respect to activities assisted with CDBG funds or who are in a position to participate in a decision-making process or gain inside information with regard to these activities may utilize CDBG services, may obtain a financial interest or benefit from a CDBG-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for 1 year thereafter. CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 22 GUARDIANSHIP SERVICES,INC.(GST) Rev. 9.13.2018 14.14.2.1 Agency shall establish conflict of interest policies for federal awards including the CDBG Funds and shall disclose in writing potential conflicts of interest to City as authorized by 2 CFR Part 200.112. 14.14. 3 Conflicts of Interest Involving Procurement. The conflict of interest provisions of 2 CFR Part 200.31 shall apply in the procurement of property and services by Agency. In all cases not governed by this Section, the provisions of 24 CFR Part 570.611 of the CDBG Regulations shall apply. 14.14.3.1 As more particularly described in 2 CFR Part 200.318,Agency shall maintain and submit to City written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection,award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of Agency. 14.14.3.2 The officers, employees, and agents of Agency shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. 14.14.3.3 Notwithstanding the prohibition contained in Section 14.13.3.2, Agency may set standards of conduct for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. Such standards of conduct must provide for disciplinary actions to be applied for violations of such standards by Agency's officers, employees or agents. 14.14.3.4 Agency shall maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, Agency is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 14.14.3.5 Agency must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. 14.14.4 Disclosure of Conflicts of Interest. In compliance with 2 CFR Part 200.112, Agency is required to timely disclose to City in writing any potential conflict of interest. CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 23 GUARDIANSHIP SERVICES,INC.(GSI) Rev. 9.13.2018 14.14.5 Disclosure of Texas Penal Code Violations. Agency affirms that it will adhere to the provisions of the Texas Penal Code which prohibit bribery and gifts to public servants. 14.14.6 Disclosure of Federal Criminal Law Violations. In compliance with 2 CFR Part 200.113, Agency is required to timely disclose to City all violations of federal criminal law involving fraud, bribery or gratuity violations potentially affecting the Agency. 14.15 Subcontracting with Small and Minority Firms Women's Business Enterprises and Labor Surplus Areas. 14.15.1 For procurement contracts $50,000.00 or larger that are paid for, in part or in full, with the CDBG Funds,Agency agrees to abide by City's policy to involve Minority Business Enterprises and Small Business Enterprises and to provide them equal opportunity to compete for contracts for construction, provision of professional services,purchase of equipment and supplies and provision of other services required by City. Agency agrees to incorporate the City's BDE Ordinance, and all amendments or successor policies or ordinances thereto, into all contracts and subcontracts for procurement larger than $50,000.00 or larger that are paid for, in part or in fizll, with the CDBG Funds and will further require all persons or entities with which it so contracts to comply with said ordinance. 14.15.2 It is national policy to award a fair share of contracts to disadvantaged business enterprises ("DBEs"), small business enterprises ("SBEs"), minority business enterprises ("MBEs"), and women's business enterprises ("WBEs"). Accordingly, affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of supplies, equipment, construction and services. 14.15.2.1 In order to comply with federal reporting requirements in 24 CFR Part 570.506 (g)(6), Agency must submit the form attached hereto as EXHIBIT "I" -T MBE Reporting Form for each contract or subcontract with a value of$10,000.00 or more paid or to be paid with the CDBG Funds. Agency shall submit this form by the date specified in EXHIBIT "I"—MBE Reporting Form. 14.16 Other Laws. The failure to list any federal, state or City ordinance, law or regulation that is applicable to Agency does not excuse or relieve Agency from the requirements or responsibilities in regard to following the law, nor from the consequences or penalties for Agency's failure to follow the law, if applicable. 14.17 Assignment. Agency shall not assign all or any part of its rights,privileges, or duties under this Contract without the prior written approval of City. Any attempted assignment of same without approval shall be void, and shall constitute a breach of this Contract. CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 24 GUARDIANSHIP SERVICES,INC.(GSI) Rev. 9.13.2018 14.18. Richt to Inspect Agency Contracts. It is agreed that City has the right to inspect and approve in writing any proposed contracts between Agency and any contractor or vendor engaged in any activity in conjunction with this CDBG-funded Program prior to any charges being incurred. 14.19 _Force Maicure If Agency becomes unable, either in whole or part, to fulfill its obligations under this Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods, restraints or prohibitions by any court,board, department, commission or agency of the United States or of any States, civil disturbances, or explosions, or some other reason beyond Agency's control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. Agency will give City written notice of the existence, extent and nature of the Force Majeure Event as soon as reasonably possible after the occurrence of the event. Failure to give notice will result in the continuance of Agency's obligation regardless of the extent of any existing Force Majeure Event. Agency will use commercially reasonable efforts to remedy its inability to perform as soon as possible. 14.20 IMMIGRATION NATIONALITY ACT. City actively supports the Immigration&Nationality Act(INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination.Agency shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Agency shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Agency shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Agency shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Agency shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Agency. 15. INDEMNIFICATION AND RELEASE. AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS,AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 25 GUARDIANSHIP SERVICES, INC.(GSI) Rev.9.13.2018 OR SUBCONTRACTORS OF CITY; AND AGENCY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN,WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. AGENCY LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY,ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF AGENCY, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE,WHETHER THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH. AGENCY AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. 16. WAIVER OF IMMUNITY BY AGENCY. If Agency, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death,to persons or property, Agency hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This Section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 26 GUARDIANSHIP SERVICES,INC.(GSI) Rev. 9.13.2018 17. INSURANCE AND BONDING. Agency will maintain coverage in the form of insurance or bond in the amount of$75,000 to insure against loss from the fraud, theft or dishonesty of any of Agency's officers, agents, trustees, directors or employees. The proceeds of such insurance or bond shall be used to reimburse City for any and all loss of CDBG Funds occasioned by such misconduct. To effectuate such reimbursement, such fidelity coverage shall include a rider stating that reimbursement for any loss or losses shall name the City as a Loss Payee. Agency shall furnish to City in a timely manner, but not later than the Effective Date, certificates of insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. If City has not received such certificates by the Effective Date, Agency shall be in default of the Contract and City may, at its option, terminate the Contract. Such insurance shall cover all insurable risks incident to or in connection with the execution,performance, attempted performance or nonperformance of this Contract. Agency shall maintain the following insurance coverage and limits: Commercial General Liability (CGL)Insurance $ 500,000 each occurrence $1,000,000 aggregate limit Non-Profit Organization Liability or Directors & Officers Liabilit $1,000,000 Each Occurrence $1,000,000 Annual Aggregate Limit Business Automobile Liability Insurance $1,000,000 each accident on a combined single-limit basis, or $ 250,000 Property Damage $ 500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate Insurance policy shall be endorsed to cover"Any Auto", defined as autos owned, hired, and non-owned. Pending availability of the above coverage and at the discretion of City, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Agency's business as contracted herein. Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $100,000 each accident $100,000 disease-each employee $500,000 disease-policy limit CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 27 GUARDIANSHIP SERVICES,INC.(GSI) Rev.9.13.2018 Note: Such insurance shall cover employees performing work on any and all projects including but not Iimited to construction, demolition, and rehabilitation. Agency or its contractors shall maintain coverages, if applicable. In the event the respective contractors do not maintain coverage, Agency shall maintain the coverage on such contractor, if applicable, for each applicable contract. Additional Requirements Such insurance amounts shall be revised upward at City's reasonable option and no more frequently than once every 12 months, and Agency shall revise such amounts within 30 days following notice to Contractor of such requirements. Agency will submit to City documentation that it has obtained insurance coverage and has executed bonds as required in this Contract prior to payment of any monies provided hereunder. Where applicable, insurance policies required herein shall be endorsed to include City as an additional insured as its interest may appear. Additional insured parties shall include employees, officers, agents, and volunteers of City. Any failure on part of City to request certificate(s) of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. Insurers of Agency's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do business in the state of Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A-: VII or other equivalent insurance industry standard rating otherwise approved by City. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by City. In the event there are any local, federal or other regulatory insurance or bonding requirements for the Program, and such requirements exceed those specified herein, the former shall prevail. Agency shall require its contractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and Agency shall require its contractors to provide Agency with certificate(s) of insurance documenting such coverage. Also, Agency shall require its contractors to have City and Agency endorsed as additional insureds (as their interest may appear) on their respective insurance policies. Directors and Officers Liability coverage shall be in force and may be provided on a claims-made basis. This coverage may also be referred to as Management Liability,and shall protect the insured against claims arising out of alleged errors in judgment,breaches of duty and wrongful acts arising out of their organizational duties. Coverage shall protect not only the entity, but all past, present and future directors, officers, trustees, employees, volunteers and committee members. CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 28 GUARDIANSHIP SERVICES,INC.(GSI) Rev. 9.13.2018 Notwithstanding any provision in this Contract to the contrary, when applicable, Agency shall comply with the requirements of 2 CFR 200.310 and shall, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG Funds as provided to property owned by Agency. 18. CERTIFICATION REGARDING LOBBYING. The undersigned representative of Agency hereby certifies, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of Agency, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, member of Congress in connection with this federal contract, grant, loan or cooperative agreement, Agency shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making or entering into this Contract imposed by 31 U.S.C. Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than$100,000.00 for each such failure. Agency shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. 19. LITIGATION AND CLAIMS. Agency shall give City immediate notice in writing of any action,including any proceeding before an administrative agency, filed against Agency in conjunction with this Contract or the Program. Agency shall furnish immediately to City copies of all pertinent papers received by Agency with respect to such action or claim. Agency shall provide a notice to City within 10 days upon filing under any bankruptcy or financial insolvency provision of law. CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 29 GUARDIANSHIP SERVICES, INC.(GSI) Rev. 9.13.2018 20. NOTICE. All notices required or permitted by this Contract must be in writing and are deemed delivered on the earlier date of the date actually received or the third day following deposit in a United States Postal Service post office or receptacle; with proper postage, certified mail return receipt requested; and addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. Liixi City Attorney's Office 200 Texas Street Fort Worth, TX 76102 Telephone: 817-392-7600 Copy to: Neighborhood Services Department 200 Texas Street Fort Worth, TX 76102 Attention: Assistant Director Telephone: 817-392-7540 Copy to: Neighborhood Services Department 200 Texas Street Fort Worth, TX 76102 Attention: Human Resource Specialist Telephone: 817-392-5697 Agency: GUARDIANSHIP SERVICES, INC. (GSI) Lyn Scott 1125 College Avenue Fort Worth, TX 76104 Telephone: 817-921-0499 CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 30 GUARDIANSHIP SERVICES,INC.(GSI) Rev. 9.13.2018 21. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT. Agency represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion,resolution or action passed or taken,to enter into this Contract and to perform the responsibilities herein required. 22. COUNTERPARTS. This Contract may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument which may be sufficiently evidenced by one counterpart. 23. PROGRAM INCOME Parties agree that no program income as defined by HUD shall be earned as a result of this contract. [SIGNATURES APPEAR ON NEXT PAGE] CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 Page 31 GUARDIANSHIP SERVICES,INC.(GSI) Rev. 9.13.2018 ,., Ll IN WITNESS WHEREOF, the Parties hereto have executed 4 duplicate originals of this k '• Co act in Fort Worth, Tarrant County, Texas. � EST: CITY OF FORT WORTH By:7 City SecretaW Fernand��o Costa, Assistant City Manager M&C: G-19328 1295 Certification No. 2018-363241 Date: August 7, 2018 APPROVED AS TO FORM AND LEGALITY: _r Ass7 istant City Attorney fu4e� CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements Barbara Asbury, Complian d Planning Manager GUARDfANSHIP SERVICES,INC.{GSI} By: Lyn Sdott, Executive Director CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 ® � � � GUARDIANSHIP SERVICES,INC.(GSI) ��� �� ,��� . Rev. 9.13.2018 FT WORTH, T EXHIBITS: EXHIBIT "A"—Program Summary EXHIBIT "A-I" —2018 HUD Income Limits EXHIBIT "A-2"—Reporting Requirements for Countywide Agencies EXHIBIT "B" —Budget EXHIBIT "C" —Audit Certification Form EXHIBIT "D"—Reimbursement Forms EXHIBIT "E"—Form of Income Self-Certification EXHIBIT "F" —Standards for Complete Documentation EXHIBIT "G" —Section 3 Reporting Forms (NOT APPLICABLE) EXHIBIT "H" —Severely Disabled Certification Form EXHIBIT "I"—MBE Reporting Form EXHIBIT "J" —Duties of the Parties for Use of NSD Community Centers EXHIBIT "K" —Notice of Beneficiary Rights CDBG PRESUMED BENEFIT PSA CONTRACT 20I8-2019 Page 33 GUARDIANSHIP SERVICES,INC.(GSI) Rev. 9.13.2018 GUARDIANSHIP SERVICES, INC.(GSI) EXHIBIT "A" Prevention of Elder Financial Exploitation PROGRAM SUMMARY PROGRAM SUMMARY (CDBG) October 1, 2018 to September 30,2019 $75,000.00 PERIOD AMOUNT Capitalized terms not defined herein shall have meanings assigned them in the Contract. PR[ M: The Program will provide to residents of Fort Worth who are 62 years of age and older financial literacy education for the Prevention of Elder Financial Exploitation. Guardianship Services, Inc. (GSI) will provide three workshops each month in twelve different community centers throughout Fort Worth. GSI will use these sessions to instruct the audience on the prevalence and types of financial exploitation,as well as how to avoid and report financial exploitation. Individuals requiring extensive assistance will be referred to partnering agencies. All training materials and workbooks for each participant will be provided. Participants will be given a pretest at entry and posttest at program exit. CDBG funds will be used to pay for a percentage of salaries, FICA, unemployment taxes, life insurance, and health insurance for program employees. Agency's office is located at 1125 College Avenue, Fort Worth, TX 76104 with operating hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. Program services will be available at the following locations: Monday through Friday from 8:00 a.m. —5:00 p.m. Locations: City of Fort Worth Neighborhood Centers Como—4900 Horne Street, Fort Worth, TX 76107 Northside-- 1100 NW 18th, Fort Worth, TX 76164 Southside—959 E. Rosedale Street, Fort Worth, TX 76104 Worth Heights—3551 New York, Fort Worth, TX 76110 Diamond Hill— 1701 NE 36th, Fort Worth, TX 76106 Eugene McCray—4932 Wilbarger, Fort Worth, TX 76119 RD Evans— 3242 Lackiand Rd, Fort Worth, Texas, 76116 North Tri-Ethnic—2950 Roosevelt Ave., Fort Worth, Texas, 76106 Sycamore—2525 E. Rosedale St., Fort Worth, Texas, 76105 CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 —EXHIBIT"A"—PROGRAM SUMMARY GUARDIANSHIP SERVICES,INC.(CSI) Page 1 Fellowship Corner— 1601 New York, Fort Worth, TX 76104 Handley Meadowbrook--- 6201 Beaty Street, Fort Worth, TX 76112 Riverside—3700 E. Belknap Street, Fort Worth, TX, 76111 Agency shall not change any locations without prior City approval. Costs incurred at anylocations that have not been approved by City will not be reimbursed. REGULATORY CLASSIFICATION: IDIS Matrix Code(s) and Service Category: 05A SeniorServices National Objective Citation: LMC Low/Mod Limited Clientele 24 CFR570.208(a) (2) Regulatory Citation(s): 24 CFR 570.201(e) Agency will maintain documentation which verifies that 100% of clients served by the Program are Elderly in accordance with the CDBG Presumed Benefit clientele definition. PROGRAM GOALS: Minimum Number of Fort Worth Clients to be Served: The Program must serve a minimum of 240 Unduplicated Clients from Fort Worth as shown by the monthly reports on Attachment III. CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 —EXHIBIT"A" —PROGRAM SUMMARY GUARDIANSHIP SERVICES,INC.(GSI) Page 2 GUARDIANSHIP SERVICES, INC. (GSI) EXHIBIT "A" Prevention of Elder Financial Exploitation PROGRAM SUMMARY PROGRAM SUMMARY (CDBG) October 1, 2018 to September 30,2019 $75,000.00 PERIOD AMOUNT Capitalized terms not defined herein shall have meanings assigned them in the Contract. PROGRAM: The Program will provide to residents of Fort Worth who are 62 years of age and older financial literacy education for the Prevention of Elder Financial Exploitation. Guardianship Services, Inc. (GSI)will provide three workshops each month in twelve different community centers throughout Fort Worth. GSI will use these sessions to instruct the audience on the prevalence and types of financial exploitation,as well as how to avoid and report financial exploitation. Individuals requiring extensive assistance will be referred to partnering agencies. All training materials and workbooks for each participant will be provided. Participants will be given a pretest at entry and posttest at program exit. CDBG funds will be used to pay for a percentage of salaries, FICA, unemployment taxes, life insurance, and health insurance for program employees. Agency's office is located at 1125 College Avenue, Fort Worth, TX 76104 with operating hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. Program services will be available at the following locations: Monday through Friday from 8:00 a.m. 5:00 p.m. Locations: City of Fort Worth Neighborhood Centers Como —4900 Horne Street, Fort Worth, TX 76107 Northside- 1100 NW 18th, Fort Worth, TX 76164 Southside--959 E. Rosedale Street, Fort Worth, TX 76104 Worth Heights--3551 New York, Fort Worth, TX 76110 Diamond Hill— 1701 NE 36th, Fort Worth, TX 76106 Eugene McCray—4932 Wilbarger, Fort Worth, TX 76119 RD Evans--3242 Lackland Rd, Fort Worth, Texas, 76116 North Tri-Ethnic—2950 Roosevelt Ave., Fort Worth, Texas,76106 Sycamore—2525 E. Rosedale St., Fort Worth, Texas, 76105 CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019—EXHIBIT"A"—PROGRAM SUMMARY GUARDIANSHIP SERVICES INC,INC. Page 1 Fellowship Corner-- 1601 New York, Fort Worth, TX 76104 Handley Meadowbrook 6201 Beaty Street, Fort Worth, TX 76112 Riverside—3700 E. Belknap Street, Fort Worth, TX, 76111 Agency shall not change any locations without prior City approval. Costs incurred at anylocations that have not been approved by City will not be reimbursed. REGULATORY CLASSIFICATION: IDIS Matrix Code(s) and Service Category: 05A SeniorServices National Objective Citation: LMC Low/Mod Limited Clientele 24 CFR570.208(a) (2) Regulatory Citation(s): 24 CFR570.201(e) Agency will maintain documentation which verifies that 100% of clients served by the Program are Elderly in accordance with the CDBG Presumed Benefit clientele definition. PROGRAM GOALS: Minimum Number of Fort Worth Clients to be Served: The Program must serve a minimum of 240 Unduplicated Clients from Fort Worth as shown by the monthly reports on Attachment III. CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 —EXHIBIT"A" —PROGRAM SUMMARY GUARDIANSHIP SERVICES INC,INC. Page 2 EXHIBIT "A-1" 2018 HUD INCOME LIMITS 2018 Median Family Income - Fort Worth/Arlington, TX* 1 Person 2 Persons 3 Persons 4 Persons 5 Persons 6 Persons 7 Persons 8 Persons 30%AMI $15,800 $18,050 $20,780 $25,100 $29,420 $33,740 $38,060 $42,380 50% AMI $26,350 $30,100 $33,850 $37,600 $40,650 $43,650 $46,650 $49,650 80%AMI $42,150 $48,150 $54,150 $60,150 $65,000 $69,800 $74,600 $79,400 *Income limits are published at least annually by HUD. CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 --EXHIBIT"A-1" 2017 HUD INCOME LIMITS GUARDIANSHIP SERVICES,INC.(GSI) Page I EXHIBIT "A-2" REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES CDBG PRESUMED BENEFIT PSA CONTRACT 201$-2019--EXHIBIT"A-2" REPORTING REQUIREMENTS FOR COUNTYWIDE AGENCIES Page I Ags:nq EXT-TIBIT"B"-BUDGET Account 'Gritti#I#odtcl A 1 II I.' 1] Tbtsl YIID[:R,LhI YlkRS+;]N�V> L _ Salaries 1001 $ 59,544.00 $ 31,000.00 $ 10,000.00 $ 100,544.00 FICA 1002 $ 4,566.00 $ 4,566.00 Life/Disability Insurance 1003 $ 634.00 $ 634.00 Health/DentalInsurance 1004 $ 10,211.00 $ 2,000.00 $ 12,211.00 Unemployment State 1005 $ 45.00 $ 45.00 Worker's Compensation 1006 $ Retirement 1007 $ Long Term Disability 1008 $ Office/Program Supplies 2001 $ 5,194.00 $ 500.00 $ 5,694.00 Postage 2002 $ - Printing 2003 $ Transportation 2004 - �IJB�gLLrLNTC}If8 Contract Labor(City needs copy of mm contract before expenses can be reimbursed) 3001 $ Food Supplies 3002 $ Teaching Aids 3003 $ Craft Supplies 3004 $ Field Trip.Expenses 3005 $ - Mileage 3006 $ 5,000.00 $ 5,000.00 Other Field Trip Expenses if Approved 3007 $ - Other(Office Equipment Rental) 3008 $ 3,428.00 $ I,900.00 $ 5,328.00 Other(Tech Supplies) 3009 $ 26.00 $ 26.00 Other(Outreach) 3010 $ 50,000.00 $ 2,305.00 $ 52,305.00 F, MJJTYAND UTI LIT IVS Telephone 4001 $ 4,947.00 $ 600.00 $ 5,547.00 Electric 4002 $ Gas 4003 $ Water and Wastewater 4004 $ Solid Waste Disposal 4005 $ - Rent(City needs copy of lease before expenses can be reimbursed) 4006 $ 35,786.00 $ 4,829.00 $ 40,615.00 Cleaning Supplies 4007 $ - Repairs and Maintenance 4008 $ Grease Trap Service 4009 $ L,EC7AI.,FI�ir�ltii"141 ,�f+lfi filISURANC-F. _ Fidelity Bond or Equivalent 5001 $ Directors and Officers 5002 $ General Commercial Liability 5003 $ 1,252.00 $ 1,252.00 Auto Insurance 10 buses 5004 $ - Umbrella Insurance 5005 $ Accident Insurance 5006 $ Property Insurance 5007 $ _ if liiL'+,C.1 JkJ�iLwl'� OtherO 6001 BUDGETTOTAL $ 75,000.00 $ 85,355.00 $ 50,000.00 $ 23,4I2.00 S - $ 233,767.00 FUNDING A:Area Agency on Aging of Tarrant County FUNDING B:Meadows Foundation FUNDING C:Lockheed Martin Employee Donations&United Way CDBG 51%PSA CONTRACT 2018-2019-EXHIBIT"B"-BUDGET GUARDIANSHIP SERVICES,INC.(GSI) Page 1 The following tables were created for the purpose of preparing, negotiating, and determining the cost reasonableness and cost allocation method used by the Agency for the line item budget represented on the first page of this EXHIBIT "B"--Budget. The information reflected in the tables is to be considered part of the terms and conditions of the Contract. Agency must have prior written approval by the City to make changes to any line item in the Budget as outlined in Section 5.2.2 in the Contract. The deadline to make changes to EXHIBIT "B" —Budget is July 31, 2019. SALARY DETAIL-PROGRAM PERSONNEL Est. Percent to Amount to Position Title Annual Salary Grant Grant Executive Director $ 103,500.00 4.0% $ 4,140.00 Money Management Program Associate $ 25,500.00 100.0% $ 25,500.00 Money Management Program Director $ 79,145.00 20.0%1 $ 15,829.00 Volunteer& Community Outreach Manager $ 43,909.00 9.7% $ 4,242.00 Manager, Finance, and Operations $ 49,163.00 20.0% $ 9,833.00 TOTAL $ 301,217.00 19.8% $ 59,544.00 FRINGE DETAIL-PROGRAM PERSONNEL Percent of Est. Percent to Amount to Payroll Amount Grant Grant FICA 7.65% $ 23,043.00 19.8% $ 4,566.00 Life/Disability Insurance $ 2,568.00 $ 634.00 Health/DentalInsurance $ 24,774.00 41.2% $ 10,211.00 Unemployment-State $ 990.00 4.5% $ 45.00 Worker's Compensation Retirement Long Term Disability TOTAL $ 51,375.00 $ 15,456.00 SUPPLIES AND SERVICES Est. Percent to Amount to Total Budget Grant Grant Office/Program Supplies $ 2,306.00 Postage Printing Transportation TOTAL $ 2,306.00 CDBG 51%PSA CONTRACT 2018-2019-EXHIBIT"B" -BUDGET GUARDIANSHIP SERVICES, INC. (GSI) Page 2 MISCELLANEOUS Est. Percent to Amount to Total Budget Grant Grant Contract Labor Food Supplies Teaching Aids Craft Supplies Field Trip Expenses Mileage Other Field Trip Expenses if Approved Other (Office Equipment Rental) $ 1,900.00 Other (Tech Supplies) $ 1,026.00 Other(Outreach) $ 52,305.00 TOTAL $ 55,231.00 FACILITY AND UTILITIES Est. Percent to Amount to Total Budget Grant Grant Telephone $ 600.00 Electric Gas Water and Wastewater Solid Waste Disposal Rent $ 4,829.00 Cleaning Supplies Other(Repairs and Maintenance) Grease Trap Service TOTAL $ 5,429.00 LEGAL, FINANCIAL AND INSURANCE Est. Percent to Amount to Total Budget Grant Grant Fidelity Bond or Equivalent Directors and Officers General Commercial Liability $ 1,252.00 Auto Insurance 10 buses Umbrella Insurance Accident Insurance Property Insurance TOTAL $ 1,252.00 DIRECT ASSISTANCE CDBG 51%PSA CONTRACT 2018-2019-EXHIBIT "B" -BUDGET) GUARDIANSHIP SERVICES,INC. (GSI) Page 3 Est. Percent to Amount to Total Budget Grant Grant OtherO TOTAL CDBG 51%PSA CONTRACT 2018-2019-EXHIBIT"B" -BUDGET GUARDIANSHIP SERVICES,INC. (GSI) Page 4 EXHIBIT "C" AUDIT CERTIFICATION FORM CDBG 51%PSA CONTRACT 2018-2019-EXHIBIT"C"-AUDIT CERTIFICATION FORM 1 GUARDIANSHIP SERVICES,INC.(GSI) AUDIT CERTIFICATION FORM AND AUDIT REQUIREMENTS Agency: Guardianship Services, Inc. (GSI) Fiscal Year Ending: September 30.2019 ❑ During the fiscal year in which funds will be received,we will exceed the federal expenditure threshold of$750,000. We will have our Single Audit or Program Specific Audit completed and will submit the audit report described in 2 CFR Part 200 within 7 months after the end of the audited fiscal year or 30 days within its completion, whichever is the earlier date. XDuring the fiscal year in which Bands will be received,we will not exceed the$750,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Federal ExpeiaditureDisclosur•e MUST be filled out if Sirs le Auditor Prdgram Audit Is NOT re aired. Pass Tlirough Program Name Contract federal ( rar�tor Grantor CFDA�l Amber Jumbe� Fxpcnditures H Ko qg - -... 0v. Total Federal Expenditures for this Fiscal Year: CDU cr ignatory and Title Date Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the federally required audit requirements described in 2 CFR Part 200, as applicable, by the required due date may result in suspension of funding and may affect eligibility for future funding. Notwithstanding the above, this certification acknowledges the agency's commitment to meet all other financial reporting, financial statements, and other audit requirements as may be set forth in the Contract. CDBG 51%PSA CONTRACT 2018-2019-EXHIBIT"C"-AUDIT CERTIFICATION FORM 2 GUARDIANSHIP SERVICES,INC.(GST) EXHIBIT "D" REPORTING FORMS CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019—EXHIBIT"D"—REPORTING FORMS Pagel GUARDIANSHIP SERVICES,INC.(GSI) ATTACHMENT I Invoice Attachment If Agency: Address: City, State, Zip: Program: Period of Service: Tax ID No. P.O. No. FID No. Amount Progr4a in This I'llvoice Cuinulative to Date CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019—EXHIBIT"D"—REPORTING FORMS Page 2 GUARDIANSHIP SERVICES, INC.(GSI) ATTACHMENT 11 Expenditure Worksheet ATTACHMENT 11 City mf Fort Worth Neighborhood Services Department Expenditure Worksheet Agency: program- Only hrrhiilthlyd rndo raw W rrlodm-1411 Please a wlalikeiccount codes. 4e4w511r1 Line CLd_45ee Y IWw x+.1,1■11+a1 VistkUh EW9 :kd ee ! ' Im fJmh'I d lz,j I� rOig41J Auuwla A00110 1-t 1 rel ie.'INA&I111dL%U1%'.`{6L 2 Salaries 1007 3 FICA 1002 4 lAfefflisabilLty insurance 1003 5 HealllrlDenlallnsurance 1004 6 Unem l0 ment-state IW5 7 Worker's Compensation 1006 8 Ret Gement 1007 9 'S'"Ijt6113 AND 5FNgr -o 10 Olfreefpro ram Supplies 2001 II Postage 2002 12 Printinm 2003 13 Olhe 2004 14 h'l65, I;xtVQLIFi 15 Contractrabor 3001 16 Food Supplies 3002 17 Teaehi.,q Aids 3003 18 Cmfl Supplies 3004 19 Field Tri enses 3005 20 Mileage 3006 21 Other 3007 22 Other 3008 23A.. - 24 Tele hone 4061 25 Electric 4002 26 Cas 4003 27 Waterand Wastcv ter 4004 28 Solid Waste Disposal 4005 29 Rent 4006 34 cleaning Supplies 4007 31 Othero 4008 32 IUA� ANDIM URF 33 Fidolity Bond or Fquealent 5001 34 Directors and Officer 5002 35 General Commercial Liabilily 5003 36Other 5DD4 37 nI= l;LLaANfa[ 38 Other 6001 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 56 57 58 59 60 __ Total $0.00 _ -For Salaries,state employee's title under Description/Job Tale.Rent mist identify tenant - CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019--EXHIBIT"D"—REPORTING FORMS Page 3 GUARDIANSHIP SERVICES,INC.(GSI) ATTACHMENT III exercise Client Data Report �rr wces,mcresn cu TA�� gym: oreu.r vc..n�bi�r+dum. .,.. y..-.aTr,� ..n� wro5.�x�xxx«wwr�.w��rt�awx«•w-rxw�wwrrt�-� ..��— w �-�...—�.������� CDI3G PRESUMED BENEFIT PSA CONTRACT 2018-2019--EXHIBIT"D"--REPORTING FORMS Page 4 GUARDIANSHIP SERVICES,INC.(GSI) EXHIBIT "E" INCOME CERTIFICATION FORMS CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 --EXHIBIT"E"--INCOME CERTIFICATION FORM GUARDIANSHIP SERVICES,INC.(GSI) Page I City of Fort Worth CERTIFICATION OF iNcomE sTATEMENT Applicant Name: Current Address: Phone#: City and Zip: Household Members and Income (includin applicant Last Name First Name Age Monthly Source of Income Income $$ TOTAL NUMBER OF FAMILY MEMBERS (Include Yourself, Spouse, Children,etc.) Total Gross Annual Household Income: PERSONAL INFORMATION:(Check one in each item. This Information is Required for Federal Reporting Purposes) a. ❑MALE b.❑ WHITE ❑BLACK/AFRICAN AMERICAN ❑BLACK/AFRICAN AMERICAN&WHITE ❑FEMALE ❑AMERICAN INDIAN/ALASKAN NATIVE ❑ASIAN ❑AMERICAN INDIAN/ALASKAN NATIVE&WHITE ❑ASIAN&WHITE ❑NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER ❑BALANCE/OTHER ❑AMERICAN INDIAN/ALASKAN NATIVE&BLACKIAFRICAN AMERICAN c. ETHNICITY d. DISABLED e. IS HEAD OF HOUSEHOLD FEMALE? ❑HISPANIC ❑YES ❑YES ❑NON-HISPANIC ❑NO ❑NO Certification: I certify that the information I am providing is true and could be subject to verification at any time by a third party. I also acknowledge that the provision of false information could leave me subject to the penalties of Federal, State and local law. Signature of Applicant Date WARNING: TITLE 18,SECTION 1001 OF THE U.S. CODE STATES THAT A PERSON IS GUILTY OF A FELONY FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF THE UNITED STATES GOVERNMENT. -----------------For use by Agency staff only----------------- Household Size: Gross Annual Income: Applicable Income Limit: Is Applicant Eligible? Check if Applicant refused to provide demographic information: O Staff Assessment of Demographics: Person Making Determination: Date: NOTE. Address, income amounts and sourcesfor ALL household members are required. CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 --EXHIBIT"E"--INCOME CERTIFICATION FORM GUARDIANSHIP SERVICES,INC.(GST) Page 2 Ciudad de Fort Worth CERTIFICACI©N DE ®ECLARAalbN DE INGRESOS Nombre del Solicitante: Direction de ActuaIidad: Teldfono: Ciudad y Codigo Postal: Miembros Del Hogar e Ingresos Incluyendo el/la Solicitante) Apeilido Nombre Edad Ingreso Origen de Ingresos Mensual * TOTAL N(TMERO DE MIEMBROS DEL HOGAR (Incluyase Usted.) Total Anual de Ingresos del hogar: "INFORMACION.PERSONAL:(Selection uno en Cada articulo. Esta informacibn es requerida por el Gobierno federal.) a. ❑MASCULINO b. ❑BLANCO ❑NEGRO/AFRICANO AMERICANO ❑NEGRO/AFRICANO AMERICANO&BLANCO ❑FEMININO ❑INDIO AMERICANO/NATIVO DE ALASKA ❑ASIATICO ❑INDIO AMERICANO/NATIVO DE ALASKA&BLANCO ❑ASIATICO&BLANCO ❑NATIVO HAWAIANO/OTRO DE LAS ISLAS PACIFICAS ❑ BALANCE/OTRO ❑INDIO AMERICANO/NATIVO DE ALASKA&NEGRO/AFRICANO AMERICANO c. ETHNiCIDAD d. INCAPACITADO e. ZES LA CABEZA DEL HOGAR MUTER? ❑HISPANO ❑ SI ❑ SI ❑NO-HISPANO ❑NO ❑NO Certification: Yo certifico que la information que yo estoy proporcionando es verdadera y puedo ser sujeto a verification a cualquiera hora por tercera parte. Yo tambidn reconozco que la provision de information falsa puede dejarme sujeto a penalidades Federales, Estatales, y a ley local. Firma del Solicitante Fecha ADVERTENCIA: T1TULO 18,SECCION 1001 DEL C6DIGO DE LOS ESTADOS UNIDOS INDICA QUE UNA PERSONA ES CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE HACER DECLARACIONES FALSOS O FRAUDULENTAS A CUALQUIER DEPARTAMENTO DE GOBIERNO DE LOS ESTADOS UNIDOS. ----------------Para use de ern leados de la a encia--------------- #De Miembros de Familia: Ingreso Anual: Limite de Ingreso: SEs solicitante elegible? Compruebe si el solicitante se nego a dar su information personal: O Evaluac16n del empleado sobre information personal: Persona haciendo la determination: Fecha: Note: La direction de la cases y los ingresos (y sus origenes) para todos miembros del hogar son requeridos CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 --EXHIBIT"E"--INCOME CERTIFICATION FORM GUARDIANSHIP SERVICES,INC.(GSI) Page 3 EXHIBIT "F" STANDARDS OF DOCUMENTATION CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019 --EXHIBIT"F"-- STANDARDS OF DOCUMENTATION Page I GUARDIANSHIP SERVICES,INC. (GSI) 2098-2019 Documentation Standards for CDBG Public Service Contract Expenses IEiil#i0y&'�rtShtaF1 ES and BefeEfltii-City Will only Ff1r1r+h{IrfI4'A PeTG }Raga Of any Employe L"s 63 la ry Ell{t bUllll rlt.$r WIIV W(rrlf 11ireC(ly with th r-t:l]l3tr-ft]nded Pf04rtm. P&CLniages ME be cosi allocated and dalarininitd pfinr to the eitecilllon aFfhe CDOG CoiilfaLl. 7t+,tenot9s Ib(puuaii"JI tllp retiflbijaacmr.--nt of 1UO%DF arty Agency crnlilaytlo will ry? uws prior City dpplOYa1- Ag671CFes in UM Shnye cp1mila11op un hf)w the CDOG portlon of orririloyeu s4iIn6aa A11d t)o1lirrlta y erfi Ce Iv.ulatErl conSiStL Filly With Iho VDEIZ C�}ttilrl5cl. If an employee works on both a CDt3G eligible and non-CDBG eligible program(s),the City will only reimburse fora reasonable portion of the employee's salary. Prior to the execution of the CDBG Contract,the Agency will priovide the City with a written statement on how each employee's time will be allocated. If an employee works 100%of their time directly with the CDBG-funded Program,then 100%of the employee's salary maybe eligible for reimbursement. Agency must submit a written statement that 100%of the employee's time is spent working directly with the CDBG-funded Program. Statements must be signed by a person authorized to sign on behalf of the Agency and will be submitted with the October invoice. Salaries X x• Reimbursement requests must include a timesheet and work log that reflects the hours worked by the employee(s)working directly on the CDBG-funded Program. For employees who are paid with multiple funding sources,timesheets must reflect all funding sources. If separate timesheets are kept for each funding source,all such timesheets must be submitted to City. Timesheets must be signed by employee and supervisor. Agency must show a calculation and documentation of how the employee's salary was calculated and invoiced to City. *If employees are paid by direct deposit rather than check,then the agency must submit both the direct deposit payment company's report(such as an ADT report)and a bank statement or check showing payment to the direct deposit company. FICAfMedicare X X X Life Insurance x x x Health x x x if the City pays gross salary,this is already included.If the City pays the employer portion,the Agency must provide proof that the Insurance employee is enrolled in the benefit plan,must show a calculation and documentation of how the invoiced amount was calculated,and Disability X X X must provide documentation showing payment.Invoice and proof of payment are only required with the first reimbursement request and Insurance I at anytime there are changes to amounts,enrollments,disenrollments,etc. Unemployment X X X Insurance If the City pays gross salary,this is already included.if the City pays the employer portion,the Agency must provide proof that the Retirement X XX employee is enrolled in the benefit plan,must show a calculation and documentation of how the invoiced amount was calculated,and must provide documentation showing payment.Invoice and proof of payment are only required with the first reimbursement request and at any time es to amounts,enrollments.disenrol107@pt;i._etc ���u. v oilatrnrlit,EgpFlklrlfinl,(toDdaaRrESupplles-C!tyvi�tlonlyr4imtrut'9Aforllleea6teFlacaledpercarltorembuntrtaolSt1111uhf+rrrtrlFlFroC.DE3♦:`,-flnrdedPragram, RgcnriD- rogtwaling rdlrlkl}ur#ellrel3l(OF thE58 Items will rUgOIFn prlur City tlVI)foYBI- AgenalEs must Straw cAculatlan urF how II14 CVktG t)LOII'll of Mess eMpEneea wem calcLIIatcp consiI&wifly wllh the 01100 Contract Office Supplies X X X Office Equipment X XX X X Rental Posta e X X X Printinq X X X Construction& Building X XX X This category is only available for the REACH Program and Habitat for Humanity. Materials Sport and Recreation X X X E ui ment Cleaning X X X Su lies Teaching Aids X XX Craft Supplies X X X Food Supplies X X X This category is only available to the Program provided by Meals on Wheels. " t"Jtll tis rnteA C 6Y wilt only pay for a porUorl of Ihebn BxpHn9 a- 1t5�QUftto-n of tfrese ellpen6es wits kta detgrlltlrl sl L+y lite rgqupFe fODlage attFlbuiablt to fh CDBG' ands l i661GIM oral#tlpll tie c asl�allDcated In accOFdanco will!lh o amrr,rtll Ot apace used for the GDBG-Furldi?d ProTjim L These aiiperraes may anty be In support of the 0D$64un dod N051mr11, 'tile ItamEr Iiyted below require prior City gPP[OVAI an it the Agency Ie required to iderrM ahy iuritlhtg xu{trce tllat}lap}fpr l he porliDn of the expenses Kiat Il.nal pati!w1111 Col36 IIl)1elE, Agencies must rbow cat tltml4u 014 Plow then 0DECIG pnriian DF these axponstrs were COlnfalently with the OD13G Contract. _ Telephone X X Gas X X WaterlWastew X X ater Electric X X Solid Waste X X Facility This item requires approval by the City prior to the execution of the CDBG Contract. Repairs may be categorized as major/minor Maintenance XX X X rehabilitation projects and must be approved through the full HUD Environmetal Review. and Repairs Rent X X X City will pay for a portion of the rent for the Program facility so long as its in proportion to the square footage attributable to the CDBG- funded program. CDBG PRESUMED BENEFIT PSA CONTRACT 2618-2019 Fxhihil"F'-STANDARDS FOR COMPLETE DOCUMENTATION ) ' This item requires prior approval by the City. Prior to the execution of the CDBG Contract,the Agency must submit a written statement that lists the contract labor services to be used during the Contract term. Agency will submit a memo related to the procurement of such Contract Labor X X X X X services and will forward any information pertaining to the procurement process to City. This requirement applies to,but is not limited to, services retained for security services,legal,accounting,transportation providers,educational facilitators,custodial services,etc. Agencies may not use the contract services of any City of Fort Worth Department. City-required X X City will only pay for a percentage of the City-required insurance so long as it's in proportion to the square footage attributable to the Insurance CDBG-funded program. City requires that the agency submit its fee schedule or formula on how the Agency calculates the childcare scholarship amount. The fee schedule/form Lila should demonstrate a breakout of income levels,and for each income level the schedule should demonstrate ChildcareX X which portion of the expense is to be paid by the family and which portion of the expense is to be reimbursed by the City. A fee Scholarships schedulelformula must be submitted to the City prior to the first payment. Agency must submit documentation supporting that the client is income eligible and that the household is being charged in conformance with the fee schedule. If the fee schedule/formula changes at any time during the contract term,the Agency must immediately notify City on the date the new fee schedulelformula takes into effect. "$0"Income Agecies that are required to verify and provide proof Of household income to determine eligibility,must require that anyone who is over Certifications the age of 18,living in the household,submit a$0 Income Certification. If an audit is required because federal funds exceed$750,000,then the cost should be split evenly by all grant funding sources. Agency Audit Services X X X X must show calculation on how the CDBG portion of the accounting services were calculated. For example,if the CDBG grant is 10%of your Agency's budget,then invoice shall not exceed 101A of the overall cost. Agency must show a calculation and documentation of how the invoiced amount was calculated,and must provide documentation showing payment. *Proof of payment effective October 1,2013: Payments or Expenses must be documented in the following manner: A)Image of the check AND bank statement showing the check cleared the bank;OR, B)Image of the cancelled check(ex.At end of bank statement);OR, C)Payroll Check Stub,"Advice",or Statement AND Bank Statement indicating payroll;OR, D)For wire or e-transfers:Reciept or statement from payee/vendor OR bank statement. Final as of 09120/2017 SK CDBG PRESUMED BENEFIT PSA CONTRACT 20111-2019 Exhibit"F"—STANDARDS FOR COMPLETE DOCUMENTATION 1 EXHIBIT "G" SECTION 3 REPORTING FORMS NOT APPLICABLE CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019--EXHIBIT"G"-- SECTION 3 REPORTING FORMS GUARDIANSHIP SERVICES, INC.(GSI) EXHIBIT "H" SEVERELY DISABLED CERTIFICATION FORM CDBG PRESUMED BENEFIT PSA CONTRACT 2015-2019—EXHIBIT"H"--SEVERELY DISABLED CERTIFICATION FORM Page I GUARDIANSHIP SERVICES,INC.(GSI) GUARDIANSHIP SERVICES, INC. (GSI) CERTIFICATION FORM DOCUMENTING CLIENT STATUS AS "SEVERELY DISABLED ADULT" Client Name: Address: City, State, Zip Client Identification No. CHECK ALL THAT APPLY ❑ Has used a wheelchair, a walker, cane , crutches or other special aid for six months or longer Has been diagnosed with one of the following conditions: Alzheimer's disease, ❑ mental retardation or other developmental disability, senility or dementia, cerebral palsy, or autism; or has another mental or emotional condition that seriously interferes with everyday tasks. Is unable to perform one or more of the following "Functional Activities": ❑ seeing, hearing, speaking and having one's speech understood, lifting or carrying, using stairs, grasping small objects, or walking. Is unable to perform or needs assistance to perform one or more of the following ❑ Activities of Daily Living (ADL): getting around inside the home, getting in or out of bed or a chair, bathing, dressing, eating, and toileting. Is unable to perform or needs assistance to perform one or more of the following Instrumental Activities of Daily Living (IADL): going outside the home, ❑ keeping track of money and bills, preparing meals, doing light housework, taking prescription medications in the right amount and at the right time, and using the telephone. ❑ Has a condition that prevents them from working at a job or doing housework. The undersigned Agency representative conducted a visual assessment of the client identified on this form and certifies that the client meets at least one of the conditions indicated above, which determines that he/ she meets the definition of"severely disabled" according to the U.S. Census Bureau. Certified by: Date: Signature/Title: CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019—EXHIBIT"H"—SEVERELY DISABLED CERTIFICATION FORM Page 2 GUARDIANSHIP SERVICES,INC.(GSI) CFW Neighborhood Services Dept.: Revised 09.20.2018 CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019—EXHIBIT"H"—SEVERELY DISABLED CERTIFICATION FORM Page 3 GUARDIANSHIP SERVICES,INC.(GSI) EXHIBIT "I" MBE REPORTING FORM CDBG PRESUMED BENEFIT PSA CONTRACT 2015-2019--EXHIBIT"P'--MBE REPORTING FORM Page 1 GUARDIANSHIP SERVICES,INC. (GSI) q O rr C U R 00 y O O O 5 CpA •C. O`O � a x .y O ~ N �-, m �s cn ' p a U C N yy N A II II II II w � O 'ig Ll _ tD Q o ca a ° o 5 ? z° � a� ani o a tir w V II II M� II •� ani � °' �j•a � ., N v � o � R y � cp to w ^ C o r U O a � w _bn y asi M -OD' N ti bL O {/j A � � � � .� � yaj v r , � •c_ •� � � � 7 r� rn a � R o' A bh cC ya ++ 'CI,' z U a c o v 'N b4 73y rn o Cc 15 8Ft a y� c ' : C, x z � � a II F II II cd EXHIBIT "J" DUTIES OF THE PARTIES USE OF NEIGHBORHOOD SERVICES DEPARTMENT COMMUNITY CENTERS CDBG PRESUMED BENEFIT PSA CONTRACT 2018.2019--EXHIBIT"J"—DUTIES OF THE PARTIES USE OF NEIGHBORHOOD SERVICES DEPARTMENT COMMUNITY CENTERS Page I GUARDIANSHIP SERVICES,INC.(GSI) GUARDIANSHIP SERVICES,INC. (GSI) DUTIES OF THE PARTIES USE OF NEIGHBORHOOD SERVICES DEPARTMENT COMMUNITY CENTERS Azency's Responsibilities: Agency will perform the following in relation with the use of Community Center: • Agency will furnish the Center Coordinator with a schedule of Program activities at least four weeks prior to their occurrence. • Agency will,at its sole expense,furnish materials,supplies,copies and conduct a structured Program. • Agency will ensure that the designated Community Center space is maintained in a neat and orderly fashion. • Agency will ensure that the City's standards are maintained regarding security; cleanliness and communication between and among programs housed at the Community Center and will ensure cooperation with other Community Center staff and agencies/programs. • Agency will report to the Center Coordinator or designee for problems immediately if/when problems occur. • Agency will work with the Center Coordinator or designee to schedule any use of the Community Center for related activities outside of agencies designated meeting time and/or the Community Center's regular days and hours. • Agency will maintain sole responsibility and liability for its employees, volunteers and separate contractors for their actions. • Agency shall ensure that each of its employees, volunteers and participants desiring to participate in Community Center-sponsored programs/activities are aware of the requirement to have a current community center membership card to participate. • Agency agrees to perform background screenings and checks on staff and volunteers,with such screenings and checks meeting or exceeding the requirements that the City imposes for checks and screenings on staff,volunteers and participants in the City's own programs. • Agency will provide the Center Coordinator with designated staff contact information for the purposes of emergencies (center closing, schedule changes or scheduled maintenance) City's Responsibilities: CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019--EXHIBIT"J"–DUTIES OF THE PARTIES— USE OF NEIGHBORHOOD SERVICES DEPARTMENT COMMUNITY CENTERS Page I GUARDIANSHIP SERVICES,INC. (GST) City will perform the following in relation with Agency's use of a Cominunity Center: • City will provide space for conducting the Program, including basic utilities and will also supply the Agency with appropriate facility access. For purposes of this Contract, basic utilities shall not include telephone or computer service, which shall remain the sole responsibility of the Agency. • City will ensure that the reserved space is set up with appropriate tables and chairs to accommodate program and/or services. • City will not be responsible for any additional security other than what is currently available at the Community Center. • City assumes no liability or responsibility for the loss of any personal property or office contents of the Agency, its agents, employees, volunteers, participants or licensees while at the Community Center. • City will allow the Agency to conduct properly scheduled classes and other Program related activities during the days and hours specified in Exhibit "A" PROGRAM SUMMARY'{. In addition, City may, but is not required, through the Center Coordinator, allow Agency to schedule other classes and Program related activities outside of the days and hours specified in Exhibit "A" PROGRAM SUMMARY. • City will maintain sole responsibility and liability for its employees, volunteers and separate contractors for their actions. • City will have the discretion to put the Agency in any available room. If placed in a different location, it is to be only one room. *The City is closed in observance of the following holidays: New Year's Day (January 1St) M.L.K. Jr. Day (Third Monday of January) Memorial Day (Last Monday in May) Independence Day (July 4th) Labor Day (First Monday in September) Thanksgiving Day (Fourth Thursday of November) Day after Thanksgiving (Fourth Friday in November) Christmas Day (December 25th) "City of Fort Worth observes the above holidays on Friday if they fall on Saturday and on a Monday if they fall on Sunday. Additionally, the Community Centers are utilized as shelters during an emergency. If the Community Center will be closed due to an emergency, Center Coordinator or designee will inform Agency of the closure. CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019--EXHIBIT"J"–DUTIES OF THE PARTIES— USE OF NEIGHBORHOOD SERVICES DEPARTMENT COMMUNITY CENTERS Page 2 GUARDIANSHIP SERVICES,INC. (GSI) EXHIBIT "K" NOTICE OF BENEFICIARY RIGHTS CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019--EXHIBIT"K"---NOTICE OF BENEFICIARY RIGHTS Page 1 GUARDIANSHIP SERVICES,INC. (GSI) Notice of Beneficiary Rimlhts Name of Agency. GUARDIANSHIP SERVICES,INC. (GSI) Name of Program: Prevention of Elder Financial Exploitation Contact information for Program Staff(name,phone number, and e-mail address, if appropriate): Because this program is supported in whole or in part by direct Federal financial assistance from the Federal Government, we are required to let you know that: • We may not discriminate against you on the basis of religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice; • We may not require you to attend or participate in any explicitly religious activities that are offered by us and any participation by you in these activities must be purely voluntary; • We must separate, in time or location, any privately funded explicitly religious activities from activities supported by direct Federal financial assistance; • If you object to the religious character of our organization, we must make reasonable efforts to identify and refer you to an alternative provider to which you have no such objection; and • You may report an organization's violations of these protections, including any denial of services or benefits, by contacting or filing a written complaint to HUD [or the intermediary, if applicable]. We must give you this written notice before you enroll in our program or activity, as required by 24 CFR 5.109. CDBG PRESUMED BENEFIT PSA CONTRACT 2018-2019--EXHIBIT"K"—NOTICE OF BENEFICIARY RIGHTS Page 2 GUARDIANSHIP SERVICES,INC.(GSI) M&C Review Page 1 of 7 official site of the City of Fort Worth,Texas COUNCIL ACTION: Approved on 81712018 -Ordinance No. 23310-08-2018 REFERENCE G-19328 19NS HUD CONPLAN DATE: 8/7/2018 NO.: (Revised) LOG NAME: 2018-22 ACTiONPLAN 2018-19 CODE: G TYPE: NON- PUBLIC YES CONSENT HEARING., SUBJECT: Conduct Public Hearing and Approve the City's 2018-2022 Consolidated Plan Priorities and Goals and 2018-2019 Action Plan for the Use of Federal Grant Funds in the Amount of$12,044,676.00 to be Awarded by the United States Department of Housing and Urban Development from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS Grant Programs,Authorize Collection and Use of Program Income, Authorize Waiver of Application of Indirect Cost Rates, Authorize Execution of Related Contracts, and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2018-2022 Consolidated Plan Priorities and Goals and 2018-2019 Action Plan for use of federal grant funds to be awarded by the United States Department of Housing and Urban Development in the amount of $12,044,676.00 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant programs, and for the use of program income from activities using prior years' federal grant funds; 2. Approve the City's 2018-2022 Consolidated Plan and 2018-2019 Action Plan for submission, including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize the collection and use of an estimated $2,200,000.00 of program income which is expected to result from activities using prior years' Community Development Block Grant funds for the projects and programs detailed below, and authorize the collection and use of amounts over the $2,200,000.00 of program income, estimated to be$150,000.00, for City's Priority Repair Program; 4. Authorize the collection and use of an estimated $150,000.00 of program income which resulted from activities using prior years' HOME Investment Partnerships Program funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the program income for administrative costs; 5. Authorize the City Manager or his designee to execute contracts for one year terms with the agencies listed in Tables 1, 2 and 3 below for Program Year 2018-2019 for Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding, satisfactory completion of an Environmental Review, and all regulatory requirements; 6. Authorize the City Manager or his designee to extend the contracts for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program, or to amend the contracts if necessary to achieve program goals provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations M&C Review Page 2 of 7 governing the use of federal grant funds; 7. Authorize a waiver of indirect cost rates as applicable for the Grants Fund in accordance with the City's Administrative Regulations; and 8. Adopt the attached Appropriation Ordinance increasing the estimated receipts and appropriations to the Grants Fund in the total amount of$12,044,676.00 consisting of$7,262,818.00 in Community Development Block Grant funds, $2,861,535.00 in HOME Investment Partnerships Program grant funds, $587,565.00 in Emergency Solutions Grant funds, and $1,332,758.00 in Housing Opportunities for Persons with AIDS grant funds, plus any program income, all subject to receipt of such funds. DISCUSSION: The City's 2018-2022 Consolidated Plan assesses community and affordable housing needs and sets strategic priorities and goals for use of federal grant funds from the United States Department of Housing and Urban Development (HUD) for a five-year period. These priorities and goals are to be addressed with Annual Action Plans that summarize the major housing and community development activities and proposed expenditures for each of the five years. Recommendations for proposed priorities and goals for the Consolidated Plan were adopted by the City's Community Development Council on May 16, 2018. These priorities and goals were developed to be consistent with strategies and initiatives previously adopted by the City Council, as well as through an assessment of community needs which included the Assessment of Fair Housing planning process conducted in 2017. The recommended Consolidated Plan priorities and goals for use of HUD grant funds over the next five years are summarized below. •Affordable Housing: Promote homeownership, affordable housing, and Fair Housing for both renters and owners • Preservation and rehabilitation of existing housing stock • Targeted neighborhood improvement and revitalization • Poverty reduction, including programs that support self-sufficiency and household stability, such as employment training, adult basic education, and related programs • Educational and support programs for children, youth and their families, to prepare them for success through literacy, training, mentorship and related programs • Programming to support aging in place •Accessibility improvements in public facilities and housing • Services and housing for the homeless, including homelessness prevention and services that help homeless persons achieve the goal of permanent housing The 2018-2019 Action Plan summarizes proposed HUD grant funded activities and expenditures that are consistent with the above priorities and goals for the program year beginning October 1, 2018 and ending September 30, 2019. The federal grant funds covered by this 2018-19 Action Plan represent a total of$12,044,676.00 from HUD for Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and Housing Opportunities for Persons with AIDS (HOPWA) grant programs. The Action. Plan also summarizes the use of program income resulting from activities using prior years' CDBG ard HOME funds, the primary purpose of which is to benefit low and moderate income City residents. ESG funds primarily benefit homeless persons, and HOPWA funds primarily benefit low and moderate income persons with HIV/AIDS. A Notice of Funding Availability (NOFA)for affordable housing developers and other entities seeking funding for major community development projects was published on February 9, 2018. A Request for Proposals from social service agencies seeking grant funding was published on February 16, 2018. All proposals were received on March 16, 2018. Staff reviewed all proposals and developed recommendations for the allocation of the estimated funding from HUD based on the capacity of applicant organizations, consistency with overall City priorities, and compliance with applicable federal regulations. Public hearings were held on April 11, 2018 and April 18, 2018 to provide citizens M&C Review Page 3 of 7 and stakeholders the opportunity to participate in the development of the Consolidated Plan and Action Plan. Recommendations for award amounts were considered and adopted by the Community Development Council (CDC) on May 16, 2018. These recommendations were presented to the Housing and Neighborhood Services Committee on June 5, 2018 and'to the City Council on June 12, 2018. Notice of a 30-day public comment period from July 2, 2018 to July 31, 2018 was published in the Fort Worth Star-Telegram on June 10, 2018, in La Estrella on June 16, 2018, and in La Vida News: The Black Voice on June 21, 2018. Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City must hold two public hearings as part of the HUD-required citizen participation process. The first public hearing is scheduled to be held before City Council on June 26, 2018 prior to the commencement of the 30-day public comment period, and the second public hearing is scheduled for the August 7, 2018 City Council meeting where the Consolidated Plan and Action Plan will be considered for approval by the Council. A summary of the CDC funding recommendations is provided below and in Tables 1, 2 and 3. Additionally, a spreadsheet of all specific funding recommendations is attached. The 2018-2022 Consolidated Plan and 2018-2019 Annual Action Plan must be submitted to HUD by August 15, 2018. A waiver of indirect costs is being requested to maximize program benefits. The CDBG program provides for 43 partially-funded positions with estimated salaries of$1.3 million. Addition of indirect costs would result in reduction in Staff and services. The indirect costs that are requested to be waived are estimated to be $371,566.00. Community Development Block Grant (CDBG) For Program Year 2018-2019, it is recommended that the amount of$7,262,818.00 in CDBG funds, and an estimated amount of$2,350,000.00 in CDBG program income totaling $9,612,818 be allocated as follows: Public Services -$1,089,422.00 This item includes social services for low to moderate income, disabled and disadvantaged populations. Housing Program Services -$2,553,000.00 This item includes funding for the City's Priority Repair Program, Cowtown Brush-Up, homebuyer and housing services, accessibility modifications to homes of senior and/or disabled individuals to support Aging In Place and Fair Housing compliance, and related project delivery costs for these programs. (ALL COUNCIL.. DISTRICTS) Infrastructure Projects & Public Facilities -$1,426,856.00 This item includes funding for Street and Sidewalk Improvements and Open Space Recreational Improvements in the Ash Crescent Neighborhood Improvement Target Area and related Public Facilities, and for Bunche Park improvements in the Stop Six neighborhood. (COUNCIL DISTRICTS 8 and 5) CDBG Economic Development - $740,977.00 This is the City's annual payment of its Section 108 loan from HUD. The Section 108 Program is a loan guarantee program which enables CDBG grantees to borrow up to five times their annual entitlement grant. CDBG Estimated Program income -$2,330,000.00 This item includes funding for Accessibility Improvements at City Community Centers and other public facilities, waterlsewer improvements to support infill housing development on Sheraton Drive, a community facility for early childhood education, and for a multifamily rehabilitation program. This item also includes up to $150,000.00 in funding for the City's Priority Repair Program. CDBG program income that is received which is over the estimated amount but not used for the City' s Priority Repair M&C Review Page 4 of 7 Program will be allocated to priority activities in the Consolidated Plan subject to City Council approval. CDBG General Administration - $1,452,563.00 (Limited to 20%) This item includes costs for administering the CDBG grant including allocations for the Financial Management Services, Neighborhood Services and Planning and Development Departments. HOME Investment PartnershipsProgram (HOME Far Program Year 2018-2019, it is recommended that the amount of$2,861,535.00 in HOME funds, and an estimated amount of$150,000.00 in HOME program income, totaling $3,011,535.00 be allocated as follows: Homebuyers Assistance Program (HAP) -$1,000,000.00 This.item includes funding for down payment and/or closing cost assistance to low and moderate income homebuyers. (ALL COUNCIL DISTRICTS) Community Development Housing Organizations (CHDO) -$619,382.00 HUD requires that a minimum of 15 percent of HOME funds be allocated to CHDOs for affordable housing projects. These funds will be used by Housing Channel, a CHDO, for the Single Family Infill Development at Stalcup and Berry (COUNCIL DISTRICT 5). The City is also authorized to fund CHDO administrative operating costs to support community based affordable housing development, and this funding will be used by Housing Channel to support completion of the Hardy and Riverside Single Family Infill projects which were funded in previous years (COUNCIL DISTRICTS 2 and 8). All houses constructed with these funds will be sold to homebuyers with incomes at or below 80 percent of the area median income set by HUD. Rental Housing Rehabilitation--$1,056,161.00 This item represents gap financing for a portion of the costs of rehabilitating affordable multifamily housing for Atlantic Housing Foundation at Manitoba Apartments, and for Tarrant County Samaritari Housing, Inc. for a project to develop permanent supportive housing for the homeless. (COUNCIL DISTRICTS 3 and 9). HOME General Administration —$286,153.00 (Limited to 10%) This item includes costs for administering the HOME grant. HOME Estimated Program income -$150,000.00 This item includes funding for the Homebuyer Assistance Program and for HOME grant administrative costs. HUD allows the City to take 10 percent of any HOME program income to be used for the costs for administering the HOME grant. HOME program income that is received which is over the estimated amount but not used for the Homebuyer Assistance Program will be allocated to priority activities in the Consolidated Plan subject to City Council approval. Housing Opportunities for Persons With AIDS Program (HOPWA) For Program Year 2018-2019, it is recommended that the amount of$1,332,758.00 in HOPWA funds be allocated as follows: Public Services -$1,292,776.00 HOPWA Program Administration—$39,982.00 (Limited to 3%) Emergency Solutions Grant(ESG) For Program Year 2018-2019, it is recommended that the amount of$587,565.00 in ESG funds be allocated as follows: Public Services - $543,498.00 ESG Program Administration --$444,067.00 (Limited to 7.5%) PUBLIC SERVICES CONTRACT RECOMMENDATIONS M&C Review Page 5 of 7 The CDC adopted recommendations on the award of public services contracts on May 16, 2018. Upon further evaluation and discussion with impacted parties, Staff revised the proposed recommendations for ESG Agencies to provide funding for Safe Haven of Tarrant County. Based on this input and evaluation, staff recommends that contracts be executed with the listed agencies for the amounts shown in the following tables: Community Development Block Grant Contracts.- Table ontracts;Table I —CDBG A envies _ _ Organization Program Amount AB Christian Learning Center Child Care Services _ $ 80,000.00 Girls Inc. of Tarrant County Youth Services $ 75,000.00 Goodwill Industries of Fort Worth, Employment/Job Training $100,000.00 Inc. Guardianship Services Prevention of Financial $ 75,000.00 Exploitation of Elder[ Housing Channel Housing Counseling $118,088.00 Services The Ladder Alliance Employment/Job Training $ 80,000.00 McDonald YMCA Youth Wellness Services $ 75,000.00 Meals on Wheels, Inc. of Greater Home-delivered meals for $ 76,350.00 Tarrant County elderl /disabled Presbyterian Night Shelter of Case Management for $144,987.00 Tarrant County Homeless The Salvation Army Em to ment Training $ 75,000.00 Sixty and Better, Inc. Transportation for Elderly $111,800.00 United Community Centers Educational Enrichment for $ 78,197.00 Children CDBG Public Service Subtotal $ '1,089,422.00 Rehabilitation, Education and Accessibility Improvements $100,000.00 Advocacy for Persons with for Low Income Residents Handicaps, dba REACH, Inc.** Trinity Habitat for Humanity Cowtown Brushup Paint $455,000.00 Program Total CDBG Contracts $1,644,422.00 **REACH and Trinity Habitat will be funded from the CDBG Housing Programs and Services budget. Housing Opportunities For Persons With AIDS Contracts: Table 2—HOPWA Agencies Organization Program Amount Tarrant County Samaritan Housing, Supportive Services, $636,776.00 Inc. - Facility Based Housing Subsidy Assistance, Tenant Based Rental Assistance, and Administration AIDS Outreach Center, Inc. Supportive Services, $656,000.00 Tenant Based Rental Assistance (TBRA), Short Term Rent Mortgage and Utility Assistance (STRMU) and Administration Total HOPWA Contracts $1,292,776.00 Emergency Solutions Grant Contracts: M&C Review Page 6 of 7 A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Neighborhood Services Department and approved by the'M/VVBE Office, in accordance with the MIWBE or BDE Ordinance, because the opportunities for subcontracting or suppliers through purchase of goods or services are negligible. Alf figures have been rounded to the nearest dollar for presentation purposes. Table 3—ESG Agencies Organization Program Amount Presbyterian Night Shelter $126,625.00 Shelter of Tarrant Operations/Services Count Lighthouse for the Shelter $ 68,498.00 Homeless dba True Operations/Services Worth Place Safe Haven of Tarrant Safe Solutions for Fort $ 75,000.00 County Worth The Salvation Army, a Homeless Prevention, $183,375.00 Georgia Corporation Rapid Rehousing, and Emergency Shelter Center for Transforming Rapid Rehousing $ 90,000.00 Lives Total ESG Contracts $ 543,498.00 FISCAL INFO RMATIONICERTI FICATIO N: The Director of Finance certifies that upon approval of the above recommendations, adoption of the attached appropriation ordinance and receipt of grant funds, funds will be available in the current operating budget, as appropriated, of the Grants Operating Federal Fund. These are reimbursement grants. The Neighborhood Services Department has the responsibility to validate the availability of funds prior to an expenditure being made. TO Fund Department Account Project ProgramActivity Budget Reference 4 Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I© I Year Chartfield 2 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Aubrey Thagard (8187) Barbara Asbury (7331) Additional Information Contact: Eric Vodicka (7583) ATTACHMENTS M&C Review Page 7 of 7 19NS HUD CONPLAN 2018-22 ACTIONPLAN 2018-19 A018.docx Form 1295 - All Agencies - Including Safe Haven pdf HUD 2018-19 AP Selected Slides REVISED 6-19-2018.pdf